AN ACT relating to children; requiring certain facilities which have
physical custody of children pursuant to the order of a court to ensure that
employees who come into direct contact with children in the facilities receive
certain training; requiring an annual inspection of certain facilities located
outside of this State which have physical custody of children from this State;
requiring certain child care facilities to be licensed by the Bureau of
Services for Child Care of the Division of Child and Family Services of the
Department of Health and Human Services rather than by a city or county
licensing agency; making various changes concerning the annual inspections of
certain facilities which have physical custody of children pursuant to the
order of a court; and providing other matters properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Sections 1, 6,
12, 13 and 14 of this bill require certain facilities that have custody of
children pursuant to the order of a court to ensure that each employee of the
facility that comes into direct contact with children in the facility receives
training within 30 days after employment and annually thereafter concerning
various issues affecting the health, welfare, safety and civil and other rights
of those children.

Section 2 of
this bill requires the Administrator of the Division of Child and Family
Services of the Department of Health and Human Services or his designee to
inspect physically any out-of-state facility to which a child from this State
who is in the custody of the Division may be transferred before or at the time
of the transfer to ensure the appropriateness of the placement. Section 2
further requires the Administrator or his designee to inspect physically the
facility and interview the child placed in the out-of-state facility at least
one time each year.

Existing law
authorizes the licensing agency of a county or incorporated city, if
established, to license child care facilities in the county or city. (NRS
432A.131) Sections 5, 8 and 9 of this bill provide that certain types of
child care facilities must be licensed by the Bureau of Services for Child Care
of the Division of Child and Family Services of the Department of Health and
Human Services regardless of whether there is a county or city licensing
agency. (NRS 432A.024, 432A.131)

Sections 10, 15
and 16 of this bill require that annual inspections of facilities which
have custody of children pursuant to the order of a court include the
inspection of certain areas and require that the reports of such inspections be
made public. (NRS 432A.180, 444.330, 444.335)

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 424 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. A
licensee that operates a group foster home shall ensure that each employee who
comes into direct contact with children in the home receives training within 30
days after employment and annually thereafter. Such training must include,
without limitation, instruction concerning:

(b) Policies
and procedures concerning the use of force and restraint on children;

(c) The
rights of children in the home;

(d) Suicide
awareness and prevention;

(e) The
administration of medication to children;

(f) Applicable
state and federal constitutional and statutory rights of children in the home;

(g) Policies
and procedures concerning other matters affecting the health, welfare, safety
and civil and other rights of children in the home; and

(h) Such
other matters as required by the licensing authority or pursuant to regulations
of the Division.

2. The
Division shall adopt regulations necessary to carry out the provisions of this
section.

Sec. 2. Chapter 432 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Before
or at the time the Division transfers a child who has been committed to the
custody of the Division to a facility located outside this State, the
Administrator or his designee shall physically inspect the facility to
determine whether the facility:

(a) Provides
the services or treatment necessary for the child;

(b) Is
either accredited or licensed and in good standing with the entity which
accredits or licenses the facility; and

(c) Is
subject to health inspections and the results of any such health inspections
conducted within the immediately preceding 3 years.

2. If a
child is placed in a facility that is located outside this State, the
Administrator of the Division or his designee shall, at least one time each
year, to ensure the continued appropriateness of the placement:

(a) Physically
inspect the facility;

(b) Review
the services being provided to the child at the facility and any treatment plan
established for the child; and

(c) Interview
the child.

3. The
provisions of this section apply to any child committed to the custody of the
Division pursuant to title 5 of NRS, chapter 432B or 433B of NRS or pursuant to
any other authority.

Sec. 3. NRS 432.080 is hereby amended
to read as follows:

432.080 All administrative expenses incurred by the
Division in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and section 2 of this act must
be paid out of money which may be appropriated by the Legislature from the
State General Fund and out of such other money as may be made available to the
Division for the payment of administrative expenses. Disbursements must be made
upon claims filed and allowed in the same manner as other money in the State
Treasury is disbursed. All claims must be approved by the Administrator before
they are paid.

Sec. 4. Chapter 432A of NRS is hereby
amended by adding thereto the provisions set forth as sections 5 and 6 of this
act.

Sec. 5. Child care institution means a facility which provides
care and shelter during the day and night and provides developmental guidance
to 16 or more children who do not routinely return to the homes of their
parents or guardians. Such an institution may also provide, without limitation:

1. Education
to the children according to a curriculum approved by the Department of
Education;

2. Services
to children who have been diagnosed as severely emotionally disturbed as
defined in NRS 433B.080, including, without limitation, services relating to
mental health and education; or

3. Emergency
shelter to children who have been placed in protective custody pursuant to
chapter 432B of NRS.

Sec. 6. 1. A licensee that operates a child care facility which
occasionally or regularly has physical custody of children pursuant to the
order of a court, including, without limitation, an emergency shelter, shall
ensure that each employee who comes into direct contact with children in the
facility receives training within 30 days after employment and annually
thereafter. Such training must include, without limitation, instruction
concerning:

(a) Controlling
the behavior of children;

(b) Policies
and procedures concerning the use of force and restraint on children;

(c) The
rights of children in the emergency shelter;

(d) Suicide
awareness and prevention;

(e) The
administration of medication to children;

(f) Applicable
state and federal constitutional and statutory rights of children in the
emergency shelter;

(g) Policies
and procedures concerning other matters affecting the health, welfare, safety
and civil and other rights of children in the emergency shelter; and

(h) Such
other matters as required by the Board.

2. The
Board shall adopt regulations necessary to carry out the provisions of this
section.

Sec. 7. NRS 432A.020 is hereby amended
to read as follows:

432A.020 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.028,
inclusive, and section 5 of this
act, have the meanings ascribed to them in those sections.

Sec. 8. NRS 432A.024 is hereby amended
to read as follows:

432A.024 1. Child care facility means:

(a) An establishment operated and maintained for the
purpose of furnishing care on a temporary or permanent basis, during the day or
overnight, to five or more children under 18 years of age, if compensation is
received for the care of any of those children;

(b) An on-site child care facility; [or]

(c) A
child care institution; or

(d) An
outdoor youth program.

2. Child care facility does not include:

(a) The home of a natural parent or guardian, foster
home as defined in [chapter 424 of] NRS 424.014 or maternity home;

(b) A home in which the only children received, cared
for and maintained are related within the third degree of consanguinity or
affinity by blood, adoption or marriage to the person operating the facility;
or

(c) A home in which a person provides care for the
children of a friend or neighbor for not more than 4 weeks if the person who
provides the care does not regularly engage in that activity.

432A.131 1. Child care facilities , other than child care institutions, in
any county or incorporated city where the governing body has established an
agency for the licensing of child care facilities and enacted an ordinance
requiring that child care facilities be licensed by the county or city need not
be licensed by the Bureau. The licensing agency shall adopt such standards and
other regulations as may be necessary for the licensing of child care
facilities, and the standards and regulations:

(a) Must be not less restrictive than those adopted by
the Board; and

(b) Take effect only upon their approval by the
Bureau.

2. An agency for the licensing of child care
facilities established by a city or county may waive compliance with a
particular standard or other regulation by a child care facility if:

(a) The agency finds that the practices and policies
of that facility are substantially equivalent to those required by the agency
in its standards and other regulations; and

(b) The waiver does not allow a practice which
violates a regulation adopted by the Board.

3. A governing body may adopt such standards and
other regulations as may be necessary for the regulation of facilities which
provide care for fewer than five children. If the standards so adopted are less
restrictive than the standards for the licensure of child care facilities which
have been adopted by the Board, the governing body shall not issue a license to
the smaller facilities, but may register them in accordance with the standards
which are less restrictive.

4. If a governing body intends to amend or repeal an
ordinance providing for the licensing of child care facilities and the effect
of that action will be the discontinuance of the governing bodys licensure of
child care facilities, the governing body shall notify the Bureau of its
intention to do so at least 12 months before the amendment or repeal becomes
effective.

5. A
child care institution must be licensed by the Bureau.

Sec. 10. NRS 432A.180 is hereby amended
to read as follows:

432A.180 1. Any authorized member or employee of the
Bureau may enter and inspect any building or premises of a child care facility
or the area of operation of an outdoor youth program at any time to secure
compliance with or prevent a violation of any provision of this chapter.

2. The State Fire Marshal or his designate shall, at
least annually:

(a) Enter and inspect every building or premises of a
child care facility, on behalf of the Bureau; and

(b) Observe and make recommendations regarding the
drills conducted pursuant to NRS 432A.077,

Κ to secure
compliance with standards for safety from fire and other emergencies.

3. The State Health Officer or his designate shall
enter and inspect at least annually, every building or premises of a child care
facility and area of operation of an outdoor youth program, on behalf of the
Bureau, to secure compliance with standards for health and sanitation.

4. The
annual inspection of any child care facility which occasionally or regularly
has physical custody of children pursuant to the order of a court must include,
without limitation, an inspection of all areas where food is prepared and
served, bathrooms, areas used for sleeping, common areas and areas located
outdoors that are used by children at the child care facility.

facility. The
State Health Officer shall publish reports of the inspections and make them
available for public inspection upon request.

Sec. 11. NRS 432A.220 is hereby amended
to read as follows:

432A.220 Any person who operates a child care
facility without a license issued pursuant to NRS 432A.131 to 432A.220,
inclusive, and section 6 of this
act is guilty of a misdemeanor.

Sec. 12. Chapter 62B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. A
public or private institution or agency to which a juvenile court commits a
child, including, without limitation, a facility for the detention of children,
shall ensure that each employee who comes into direct contact with children who
are in custody receives training within 30 days after employment and annually
thereafter. Such training must include, without limitation, instruction
concerning:

(a) Controlling
the behavior of children;

(b) Policies
and procedures concerning the use of force and restraint on children;

(c) The
rights of children in the institution or agency;

(d) Suicide
awareness and prevention;

(e) The
administration of medication to children;

(f) Applicable
state and federal constitutional and statutory rights of children in the
institution or agency;

(g) Policies
and procedures concerning other matters affecting the health, welfare, safety
and civil and other rights of children in the institution or agency; and

(h) Such
other matters as required by the Division of Child and Family Services.

2. The
Division of Child and Family Services shall adopt regulations necessary to
carry out the provisions of this section.

Sec. 13. Chapter 63 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
superintendent of a facility shall ensure that each employee who comes into
direct contact with children in the facility receives training within 30 days
after employment and annually thereafter. Such training must include, without
limitation, instruction concerning:

(a) Controlling
the behavior of children;

(b) Policies
and procedures concerning the use of force and restraint on children;

(c) The
rights of children in the facility;

(d) Suicide
awareness and prevention;

(e) The
administration of medication to children;

(f) Applicable
state and federal constitutional and statutory rights of children in the home;

(g) Policies
and procedures concerning other matters affecting the health, welfare, safety
and civil and other rights of children in the facility; and

(h) Such
other matters as required by the Administrator of the Division of Child and
Family Services.

2. The
Administrator of the Division of Child and Family Services shall provide
direction to the superintendent of each facility concerning the manner in which
to carry out the provisions of this section.

Sec. 14. Chapter 433B of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
Administrator shall ensure that each employee who comes into direct contact
with children at any treatment facility and any other division facility into
which a child may be committed by a court order receives training within 30
days after employment and annually thereafter. Such training must include,
without limitation, instruction concerning:

(a) Controlling
the behavior of children;

(b) Policies
and procedures concerning the use of force and restraint on children;

(c) The
rights of children in the emergency shelter;

(d) Suicide
awareness and prevention;

(e) The
administration of medication to children;

(f) Applicable
state and federal constitutional and statutory rights of children in the
emergency shelter;

(g) Policies
and procedures concerning other matters affecting the health, welfare, safety
and civil and other rights of children in the emergency shelter; and

(h) Such
other matters as required by the Board.

2. The
Division shall adopt regulations necessary to carry out the provisions of this
section.

Sec. 15. NRS 444.330 is hereby amended
to read as follows:

444.330 1. The Health Division has supervision over
the sanitation, healthfulness, cleanliness and safety, as it pertains to the
foregoing matters, of the following state institutions:

(a) Institutions and facilities of the Department of
Corrections.

(b) Northern Nevada Adult Mental Health Services.

(c) Nevada Youth Training Center, Caliente Youth Center and any other state facility for the detention of children that is
operated pursuant to title 5 of NRS.

(d) Nevada System of Higher Education.

2. The State Board of Health may adopt regulations
pertaining thereto as are necessary to promote properly the sanitation,
healthfulness, cleanliness and, as it pertains to the foregoing matters, the
safety of those institutions.

3. The State Health Officer or his authorized agent
shall inspect those institutions at least once each calendar year and whenever
he deems an inspection necessary to carry out the provisions of this section. The inspection of any state facility
for the detention of children that is operated pursuant to title 5 of NRS must
include, without limitation, an inspection of all areas where food is prepared
and served, bathrooms, areas used for sleeping, common areas and areas located
outdoors that are used by children at the facility.

4. The State Health Officer shall publish reports of the inspections of any state
facility for the detention of children that is operated pursuant to title 5 of
NRS and may publish reports of the inspections[.] other state institutions.

5. All persons charged with the duty of maintenance
and operation of the institutions named in this section shall operate the
institutions in conformity with the regulations adopted by the State Board of
Health pursuant to subsection 2.

6. The State Health Officer or his authorized agent
may, in carrying out the provisions of this section, enter upon any part of the
premises of any of the institutions named in this section
over which he has jurisdiction, to determine the sanitary conditions of the
institutions and to determine whether the provisions of this section and the
regulations of the State Board of Health pertaining thereto are being violated.

the institutions named in this section over which he has
jurisdiction, to determine the sanitary conditions of the institutions and to
determine whether the provisions of this section and the regulations of the
State Board of Health pertaining thereto are being violated.

Sec. 16. NRS 444.335 is hereby amended
to read as follows:

444.335 1. The health authority shall have
supervision over the sanitation, healthfulness, cleanliness and safety, as it
pertains to the foregoing matters, of the following city, county and private
institutions:

(a) Jails, correctional institutions and other
institutions performing similar functions[;] , including, without limitation, any
facility for the detention of children;

(b) Schools; and

(c) School gymnasiums.

2. The State Board of Health shall, with respect to
jails, correctional institutions and other institutions performing similar
functions, including, without
limitation, any facility for the detention of children, and may,
with respect to the other institutions named in subsection 1, adopt and enforce
such regulations as are necessary to promote properly the sanitation,
healthfulness, cleanliness and safety, as it pertains to the foregoing matters,
of those institutions.

3. The health authority shall inspect those
institutions at least once each calendar year and at such other times as, in
its discretion, it deems an inspection necessary to carry out the provisions of
this section, except that inspections of schools and gymnasiums shall be made
at least twice each year, once during each semester. The inspection of any institution which has physical
custody of children pursuant to the order of a court must include, without
limitation, an inspection of all areas where food is prepared and served,
bathrooms, areas used for sleeping, common areas and areas located outdoors
that are used by children at the facility.

4. A report of the findings of an inspection must be
made to the State Health Officer within 20 days following the inspection. The State
Health Officer shall publish the
report of the inspection of any facility which has physical custody of children
pursuant to the order of a court and may from time to time, in
his discretion, publish the reports of [those]the inspections[.] of other institutions.

5. All persons charged with the duty of maintenance
and operation of the institutions named in this section shall operate those
institutions in conformity with regulations relating to sanitation,
healthfulness, cleanliness and safety, as it pertains to the foregoing matters,
adopted by the State Board of Health.

6. The health authority may, in carrying out the
provisions of this section, enter upon any part of the premises of any of the
institutions named in this section over which it has jurisdiction, to determine
the sanitary conditions of those places and to determine whether the provisions
of this section and the regulations of the State Board of Health pertaining
thereto are being violated.

Secs. 17-24. (Deleted
by amendment.)

Sec. 25. 1. The training required for
employees pursuant to sections 1, 6, 12, 13 and 14 must be provided to all
employees holding positions on October 1, 2007, by not later than November 1, 2007.

2. A child care institution which must be licensed by
the Bureau of Services for Child Care of the Division of Child and Family
Services of the Department of Health and Human Services
pursuant to section 9 of this act must obtain such a license by not later than
January 1, 2008.

Department of Health and Human Services pursuant to section
9 of this act must obtain such a license by not later than January 1, 2008.

3. The amendatory provisions of sections 10, 15 and
16 of this act apply to the next inspection conducted pursuant to those
sections.

Sec. 26. This act becomes effective upon
passage and approval for the purpose of adopting regulations and on October 1, 2007, for all other purposes.

________

CHAPTER 304, AB 567

Assembly Bill No.
567Committee on Education

CHAPTER 304

AN ACT
relating to education; revising provisions governing the Nevada Plan and the
apportionments and allowances from the State Distributive School Account to
include pupils who are enrolled in a university school for profoundly gifted
pupils; requiring the governing body of a university school to adopt certain
rules; revising provisions governing the employment of unlicensed personnel at
a university school; revising provisions relating to the appointment and
membership of the governing body of a university school; and providing other
matters properly relating thereto.

[Approved: June 2,
2007]

Legislative Counsels Digest:

Existing law authorizes the formation and
operation of university schools for profoundly gifted pupils. (Chapter 392A of
NRS) Under existing law, a university school for profoundly gifted pupils is a
public school but is not entitled to receive any money from this State. (NRS
392A.050) Section 12 of this bill provides that the pupils enrolled in a
university school for profoundly gifted pupils must be included in the count of
pupils of the school district in which the university school is located for
purposes of apportionments and allowances from the State Distributive School
Account. Section 12 also provides that a university school for
profoundly gifted pupils is entitled to receive its proportionate share of any
other money available from federal, state or local sources that the university
school or the pupils enrolled in the university school are eligible to receive.
Sections 2-10 of this bill revise provisions governing the count of
pupils for support from the State Distributive School Account to reflect the
enrollment of pupils enrolled in a university school for profoundly gifted
pupils.

Sections 14-16 of this bill require the
governing body of a university school for profoundly gifted pupils to: (1)
adopt rules for the academic advancement pupils, including the development of a
4-year academic plan for each pupil; (2) submit information to the Department
of Education in the format prescribed by the Department for the purposes of
accountability reporting for the university school; and (3) adopt written rules
of behavior for the pupils enrolled in the university school.

Section 17 of this bill requires each
applicant for employment with a university school for profoundly gifted pupils
who is not licensed by the Superintendent of Public Instruction to submit a
complete set of his fingerprints for a criminal background check.

Under existing law, the provisions of title 34 of
NRS do not apply to a university school for profoundly gifted pupils, except as
otherwise provided by specific statute. (NRS 392A.060) Section 20 of
this bill provides that in addition to specific statute, the State Board of
Education may adopt regulations governing university schools for profoundly
gifted pupils as determined necessary by the Superintendent of Public
Instruction.

Section 21 of this bill revises provisions
concerning the appointment and membership of the governing body of a university
school for profoundly gifted pupils.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
386.650 is hereby amended to read as follows:

386.650 1. The Department shall establish and
maintain an automated system of accountability information for Nevada. The system must:

(a) Have the capacity to provide and report
information, including, without limitation, the results of the achievement of
pupils:

(1) In the manner required by 20 U.S.C. §§ 6301
et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and
385.347; and

(2) In a separate reporting for each subgroup
of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

(b) Include a system of unique identification for each
pupil:

(1) To ensure that individual pupils may be
tracked over time throughout this State; and

(2) That, to the extent practicable, may be
used for purposes of identifying a pupil for both the public schools and the
Nevada System of Higher Education, if that pupil enrolls in the System after
graduation from high school;

(c) Have the capacity to provide longitudinal
comparisons of the academic achievement, rate of attendance and rate of
graduation of pupils over time throughout this State;

(d) Have the capacity to perform a variety of
longitudinal analyses of the results of individual pupils on assessments,
including, without limitation, the results of pupils by classroom and by
school;

(e) Have the capacity to identify which teachers are
assigned to individual pupils and which paraprofessionals, if any, are assigned
to provide services to individual pupils;

(f) Have the capacity to provide other information
concerning schools and school districts that is not linked to individual
pupils, including, without limitation, the designation of schools and school
districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification
of which schools, if any, are persistently dangerous;

(g) Have the capacity to access financial
accountability information for each public school, including, without
limitation, each charter school, for each school district and for this State as
a whole; and

(h) Be designed to improve the ability of the Department,
school districts and the public schools in this State, including, without
limitation, charter schools, to account for the pupils who are enrolled in the
public schools, including, without limitation, charter schools.

Κ The
information maintained pursuant to paragraphs (c), (d) and (e) must be used for
the purpose of improving the achievement of pupils and improving
classroom instruction but must not be used for the purpose of evaluating an
individual teacher or paraprofessional.

improving classroom instruction but must not be used for the
purpose of evaluating an individual teacher or paraprofessional.

2. The board of trustees of each school district
shall:

(a) Adopt and maintain the program prescribed by the
Superintendent of Public Instruction pursuant to subsection 3 for the
collection, maintenance and transfer of data from the records of individual
pupils to the automated system of information, including, without limitation,
the development of plans for the educational technology which is necessary to
adopt and maintain the program;

(b) Provide to the Department electronic data
concerning pupils as required by the Superintendent of Public Instruction
pursuant to subsection 3; and

(c) Ensure that an electronic record is maintained in
accordance with subsection 3 of NRS 386.655.

3. The Superintendent of Public Instruction shall:

(a) Prescribe a uniform program throughout this State
for the collection, maintenance and transfer of data that each school district
must adopt, which must include standardized software;

(b) Prescribe the data to be collected and reported to
the Department by each school district and each sponsor of a charter school
pursuant to subsection 2[;] and by each university school for
profoundly gifted pupils;

(c) Prescribe the format for the data;

(d) Prescribe the date by which each school district
shall report the data[;] to the Department;

(e) Prescribe the date by which each charter school
shall report the data to the sponsor of the charter school;

(f) Prescribe
the date by which each university school for profoundly gifted pupils shall
report the data to the Department;

(g) Prescribe
standardized codes for all data elements used within the automated system and
all exchanges of data within the automated system, including, without
limitation, data concerning:

(1) Individual pupils;

(2) Individual teachers and paraprofessionals;

(3) Individual schools and school districts;
and

(4) Programs and financial information;

[(g)](h) Provide technical assistance to each
school district to ensure that the data from each public school in the school
district, including, without limitation, each charter school and university school for profoundly
gifted pupils located within the school district, is compatible
with the automated system of information and comparable to the data reported by
other school districts; and

[(h)](i) Provide for the analysis and reporting of
the data in the automated system of information.

4. The Department shall establish, to the extent
authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
§ 1232g, and any regulations adopted pursuant thereto, a mechanism by which
persons or entities, including, without limitation, state officers who are
members of the Executive or Legislative Branch, administrators of public
schools and school districts, teachers and other educational personnel, and parents
and guardians, will have different types of access to the accountability
information contained within the automated system to the extent that such
information is necessary for the performance of a duty or to the extent that such information may be made available to the general public
without posing a threat to the confidentiality of an individual pupil.

such information may be made available to the general public
without posing a threat to the confidentiality of an individual pupil.

5. The Department may, to the extent authorized by
the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and
any regulations adopted pursuant thereto, enter into an agreement with the
Nevada System of Higher Education to provide access to data contained within
the automated system for research purposes.

Sec. 2. NRS 387.121 is hereby amended
to read as follows:

387.121 The Legislature declares that the
proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations
in wealth and costs per pupil, this State should supplement local financial
ability to whatever extent necessary in each school district to provide
programs of instruction in both compulsory and elective subjects that offer
full opportunity for every Nevada child to receive the benefit of the purposes
for which public schools are maintained. Therefore , the quintessence of the States financial
obligation for such programs can be expressed in a formula partially on a per
pupil basis and partially on a per program basis as: State financial aid to
school districts equals the difference between school district basic support
guarantee and local available funds produced by mandatory taxes minus all the
local funds attributable to pupils who reside in the county but attend a
charter school[.]or a university school for
profoundly gifted pupils. This formula is designated the Nevada
Plan.

Sec. 3. NRS 387.1211 is hereby amended
to read as follows:

387.1211 As used in NRS 387.121 to 387.126,
inclusive:

1. Average daily attendance means the total number
of pupils attending a particular school each day during a period of reporting
divided by the number of days school is in session during that period.

2. Enrollment means the count of pupils enrolled in
and scheduled to attend programs of instruction of a school district ,[or a]
charter school or university
school for profoundly gifted pupils at a specified time during
the school year.

3. Special education program unit means an
organized unit of special education and related services which includes
full-time services of persons licensed by the Superintendent of Public
Instruction or other appropriate licensing body, providing a program of
instruction in accordance with minimum standards prescribed by the State Board.

Sec. 4. NRS 387.1221 is hereby amended
to read as follows:

387.1221 1. The basic support guarantee for any
special education program unit maintained and operated during a period of less
than 9 school months is in the same proportion to the amount established by law
for that school year as the period during which the program unit actually was
maintained and operated is to 9 school months.

2. Any unused allocations for special education
program units may be reallocated to other school districts ,[or]
charter schools or university
schools for profoundly gifted pupils by the Superintendent of
Public Instruction. In such a reallocation, first priority must be given to
special education programs with statewide implications, and second priority
must be given to special education programs maintained and operated within
counties whose allocation is less than or equal to the amount provided by law.
If there are more unused allocations than necessary to cover programs of first
and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment
for the remaining programs must be prorated.

programs eligible for payment from reallocations, then
payment for the remaining programs must be prorated. If there are more unused
allocations than necessary to cover programs of first priority but not enough
to cover all programs of second priority, then payment for programs of second
priority must be prorated. If unused allocations are not enough to cover all
programs of first priority, then payment for programs of first priority must be
prorated.

3. A school district ,[or]
a charter school or a university
school for profoundly gifted pupils may, after receiving the
approval of the Superintendent of Public Instruction, contract with any person,
state agency or legal entity to provide a special education program unit for
pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.

Sec. 5. NRS 387.123 is hereby amended
to read as follows:

387.123 1. The count of pupils for apportionment
purposes includes all pupils who are enrolled in programs of instruction of the
school district, including, without limitation, a program of distance education
provided by the school district, [or] pupils who
reside in the county in which the school district is located and are enrolled
in any charter school, including, without limitation, a program of distance
education provided by a charter school, and pupils who are enrolled in a university school for
profoundly gifted pupils located in the county, for:

(a) Pupils in the kindergarten department.

(b) Pupils in grades 1 to 12, inclusive.

(c) Pupils not included under paragraph (a) or (b) who
are receiving special education pursuant to the provisions of NRS 388.440 to
388.520, inclusive.

(d) Pupils who reside in the county and are enrolled
part time in a program of distance education if an agreement is filed with the
Superintendent of Public Instruction pursuant to NRS 388.854 or 388.858, as
applicable.

(e) Children detained in facilities for the detention
of children, alternative programs and juvenile forestry camps receiving
instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

(f) Pupils who are enrolled in classes pursuant to
subsection 4 of NRS 386.560 and pupils who are enrolled in classes pursuant to
subsection 5 of NRS 386.580.

(g) Pupils who are enrolled in classes pursuant to
subsection 3 of NRS 392.070.

(h) Pupils who are enrolled in classes and taking
courses necessary to receive a high school diploma, excluding those pupils who
are included in paragraphs (d), (f) and (g).

2. The State Board shall establish uniform
regulations for counting enrollment and calculating the average daily
attendance of pupils. In establishing such regulations for the public schools,
the State Board:

(a) Shall divide the school year into 10 school
months, each containing 20 or fewer school days, or its equivalent for those
public schools operating under an alternative schedule authorized pursuant to
NRS 388.090.

(b) May divide the pupils in grades 1 to 12,
inclusive, into categories composed respectively of those enrolled in
elementary schools and those enrolled in secondary schools.

(c) Shall prohibit the counting of any pupil specified
in subsection 1 more than once.

3. Except as otherwise provided in subsection 4 and
NRS 388.700, the State Board shall establish by regulation the maximum
pupil-teacher ratio in each grade, and for each subject matter wherever
different subjects are taught in separate classes, for each school district of
this State which is consistent with:

(a) The maintenance of an acceptable standard of
instruction;

(b) The conditions prevailing in the school district
with respect to the number and distribution of pupils in each grade; and

(c) Methods of instruction used, which may include
educational television, team teaching or new teaching systems or techniques.

Κ If the
Superintendent of Public Instruction finds that any school district is
maintaining one or more classes whose pupil-teacher ratio exceeds the
applicable maximum, and unless he finds that the board of trustees of the
school district has made every reasonable effort in good faith to comply with
the applicable standard, he shall, with the approval of the State Board, reduce
the count of pupils for apportionment purposes by the percentage which the
number of pupils attending those classes is of the total number of pupils in
the district, and the State Board may direct him to withhold the quarterly
apportionment entirely.

4. The provisions of subsection 3 do not apply to a
charter school [or], a university school for profoundly gifted pupils or a
program of distance education provided pursuant to NRS 388.820 to 388.874,
inclusive.

Sec. 6. NRS 387.1233 is hereby amended
to read as follows:

387.1233 1. Except as otherwise provided in
subsection 2, basic support of each school district must be computed by:

(a) Multiplying the basic support guarantee per pupil
established for that school district for that school year by the sum of:

(1) Six-tenths the count of pupils enrolled in
the kindergarten department on the last day of the first school month of the
school district for the school year, including, without limitation, the count
of pupils who reside in the county and are enrolled in any charter school on
the last day of the first school month of the school district for the school
year.

(2) The count of pupils enrolled in grades 1 to
12, inclusive, on the last day of the first school month of the school district
for the school year, including, without limitation, the count of pupils who
reside in the county and are enrolled in any charter school on the last day of
the first school month of the school district for the school year[.] and the count of pupils who are
enrolled in a university school for profoundly gifted pupils located in the
county.

(3) The count of pupils not included under
subparagraph (1) or (2) who are enrolled full time in a program of distance
education provided by that school district or a charter school located within
that school district on the last day of the first school month of the school
district for the school year.

(4) The count of pupils who reside in the
county and are enrolled:

(I) In a public school of the school
district and are concurrently enrolled part time in a program of distance
education provided by another school district or a charter school on the last
day of the first school month of the school district for the school year,
expressed as a percentage of the total time services are provided to those
pupils per school day in proportion to the total time services are provided
during a school day to pupils who are counted pursuant to subparagraph (2).

(II) In a charter school and are
concurrently enrolled part time in a program of distance education provided by
a school district or another charter school on the last day of the first school
month of the school district for the school year, expressed as a percentage of
the total time services are provided to those pupils per school day in
proportion to the total time services are provided during a school day to
pupils who are counted pursuant to subparagraph (2).

(5) The count of pupils not included under subparagraph
(1), (2), (3) or (4), who are receiving special education pursuant to the
provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first
school month of the school district for the school year, excluding the count of
pupils who have not attained the age of 5 years and who are receiving special
education pursuant to subsection 1 of NRS 388.490 on that day.

(6) Six-tenths the count of pupils who have not
attained the age of 5 years and who are receiving special education pursuant to
subsection 1 of NRS 388.490 on the last day of the first school month of the
school district for the school year.

(7) The count of children detained in
facilities for the detention of children, alternative programs and juvenile
forestry camps receiving instruction pursuant to the provisions of NRS 388.550,
388.560 and 388.570 on the last day of the first school month of the school district
for the school year.

(8) The count of pupils who are enrolled in
classes for at least one semester pursuant to subsection 4 of NRS 386.560,
subsection 5 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a
percentage of the total time services are provided to those pupils per school
day in proportion to the total time services are provided during a school day
to pupils who are counted pursuant to subparagraph (2).

(b) Multiplying the number of special education
program units maintained and operated by the amount per program established for
that school year.

(c) Adding the amounts computed in paragraphs (a) and
(b).

2. If the enrollment of pupils in a school district
or a charter school that is located within the school district on the last day
of the first school month of the school district for the school year is less
than the enrollment of pupils in the same school district or charter school on
the last day of the first school month of the school district for either or
both of the immediately preceding 2 school years, the largest number must be
used from among the 3 years for purposes of apportioning money from the State
Distributive School Account to that school district or charter school pursuant
to NRS 387.124.

3. Pupils who are excused from attendance at
examinations or have completed their work in accordance with the rules of the
board of trustees must be credited with attendance during that period.

4. Pupils who are incarcerated in a facility or
institution operated by the Department of Corrections must not be counted for
the purpose of computing basic support pursuant to this section. The average
daily attendance for such pupils must be reported to the Department of
Education.

5. Pupils who are enrolled in courses which are
approved by the Department as meeting the requirements for an adult to earn a
high school diploma must not be counted for the purpose of computing basic
support pursuant to this section.

1. On or before August 1, November 1, February 1 and
May 1 of each year, the Superintendent of Public Instruction shall apportion
the State Distributive School Account in the State General Fund among the
several county school districts ,[and] charter schools and university schools for profoundly gifted pupils
in amounts approximating one-fourth of their respective yearly apportionments
less any amount set aside as a reserve. The apportionment to a school district,
computed on a yearly basis, equals the difference between the basic support and
the local funds available pursuant to NRS 387.1235, minus all the funds
attributable to pupils who reside in the county but attend a charter school ,[and]
all the funds attributable to pupils who reside in the county and are enrolled
full time or part time in a program of distance education provided by another
school district or a charter school[.]and all the funds attributable to pupils who are enrolled in
a university school for profoundly gifted pupils located in the county. No
apportionment may be made to a school district if the amount of the local funds
exceeds the amount of basic support. If an agreement is not filed for a pupil
who is enrolled in a program of distance education as required by NRS 388.854,
the Superintendent of Public Instruction shall not apportion money for that
pupil to the board of trustees of the school district in which the pupil
resides, or the board of trustees or governing body that provides the program
of distance education.

2. Except as otherwise provided in subsection 3, the
apportionment to a charter school, computed on a yearly basis, is equal to the
sum of the basic support per pupil in the county in which the pupil resides
plus the amount of local funds available per pupil pursuant to NRS 387.1235 and
all other funds available for public schools in the county in which the pupil
resides minus all the funds attributable to pupils who are enrolled in the
charter school but are concurrently enrolled part time in a program of distance
education provided by a school district or another charter school. If the
apportionment per pupil to a charter school is more than the amount to be
apportioned to the school district in which a pupil who is enrolled in the
charter school resides, the school district in which the pupil resides shall
pay the difference directly to the charter school.

3. The apportionment to a charter school that is
sponsored by the State Board, computed on a yearly basis, is equal to the sum
of the basic support per pupil in the county in which the pupil resides plus
the amount of local funds available per pupil pursuant to NRS 387.1235 and all
other funds available for public schools in the county in which the pupil
resides, minus all funds attributable to pupils who are enrolled in the charter
school but are concurrently enrolled part time in a program of distance
education provided by a school district or another charter school.

4. In addition to the apportionments made pursuant to
this section, an apportionment must be made to a school district or charter
school that provides a program of distance education for each pupil who is
enrolled part time in the program if an agreement is filed for that pupil
pursuant to NRS 388.854 or 388.858, as applicable. The amount of the
apportionment must be equal to the percentage of the total time services are
provided to the pupil through the program of distance education per school day
in proportion to the total time services are provided during a school day to
pupils who are counted pursuant to subparagraph (2) of
paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which
the pupil resides.

counted pursuant to subparagraph (2) of paragraph (a) of
subsection 1 of NRS 387.1233 for the school district in which the pupil
resides.

5. The governing body of a charter school may submit
a written request to the Superintendent of Public Instruction to receive, in
the first year of operation of the charter school, an apportionment 30 days
before the apportionment is required to be made pursuant to subsection 1. Upon
receipt of such a request, the Superintendent of Public Instruction may make
the apportionment 30 days before the apportionment is required to be made. A
charter school may receive all four apportionments in advance in its first year
of operation.

6. The
apportionment to a university school for profoundly gifted pupils, computed on
a yearly basis, is equal to the sum of the basic support per pupil in the
county in which the university school is located plus the amount of local funds
available per pupil pursuant to NRS 387.1235 and all other funds available for
public schools in the county in which the university school is located. If the
apportionment per pupil to a university school for profoundly gifted pupils is
more than the amount to be apportioned to the school district in which the
university school is located, the school district shall pay the difference
directly to the university school. The governing body of a university school
for profoundly gifted pupils may submit a written request to the Superintendent
of Public Instruction to receive, in the first year of operation of the
university school, an apportionment 30 days before the apportionment is
required to be made pursuant to subsection 1. Upon receipt of such a request,
the Superintendent of Public Instruction may make the apportionment 30 days
before the apportionment is required to be made. A university school for
profoundly gifted pupils may receive all four apportionments in advance in its
first year of operation.

7. The
Superintendent of Public Instruction shall apportion, on or before August 1 of
each year, the money designated as the Nutrition State Match pursuant to NRS
387.105 to those school districts that participate in the National School Lunch
Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must
be directly related to the districts reimbursements for the Program as
compared with the total amount of reimbursements for all school districts in
this State that participate in the Program.

[7.]8. If the State Controller finds that such an
action is needed to maintain the balance in the State General Fund at a level
sufficient to pay the other appropriations from it, he may pay out the
apportionments monthly, each approximately one-twelfth of the yearly
apportionment less any amount set aside as a reserve. If such action is needed,
the State Controller shall submit a report to the Department of Administration
and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting
reasons for the action.

Sec. 8. NRS 387.1243 is hereby amended
to read as follows:

387.1243 1. The first apportionment based on an
estimated number of pupils and special education program units and succeeding
apportionments are subject to adjustment from time to time as the need therefor
may appear.

2. The apportionments to a school district may be
adjusted during a fiscal year by the Department of Education, upon approval by
the State Board of Examiners and the Interim Finance Committee, if the
Department of Taxation and the county assessor in the county in which the
school district is located certify to the Department of
Education that the school district will not receive the tax levied pursuant to
subsection 1 of NRS 387.195 on property of the Federal Government located
within the county if:

is located certify to the Department of Education that the
school district will not receive the tax levied pursuant to subsection 1 of NRS
387.195 on property of the Federal Government located within the county if:

(a) The leasehold interest, possessory interest,
beneficial interest or beneficial use of the property is subject to taxation
pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the
property are delinquent in paying the tax; and

(b) The total amount of tax owed but not paid for the
fiscal year by any such lessees and users is at least 5 percent of the proceeds
that the school district would have received from the tax levied pursuant to
subsection 1 of NRS 387.195.

Κ If a lessee
or user pays the tax owed after the school districts apportionment has been
increased in accordance with the provisions of this subsection to compensate
for the tax owed, the school district shall repay to the State Distributive
School Account in the State General Fund an amount equal to the tax received
from the lessee or user for the year in which the school district received an
increased apportionment, not to exceed the increase in apportionments made to
the school district pursuant to this subsection.

3. On or before August 1 of each year, the board of
trustees of a school district shall provide to the Department, in a format
prescribed by the Department, the count of pupils calculated pursuant to
subparagraph (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed
at least one semester during the immediately preceding school year. The count
of pupils submitted to the Department must be included in the final adjustment
computed pursuant to subsection 4.

4. A final adjustment for each school district ,[and]
charter school and university
school for profoundly gifted pupils must be computed as soon as
practicable following the close of the school year, but not later than August
25. The final computation must be based upon the actual counts of pupils
required to be made for the computation of basic support and the limits upon
the support of special education programs, except that for any year when the
total enrollment of pupils and children in a school district ,[or]
a charter school located within the school district or a university school for profoundly gifted pupils located
within the school district described in paragraphs (a), (b), (c)
and (e) of subsection 1 of NRS 387.123 is greater on the last day of any school
month of the school district after the second school month of the school
district and the increase in enrollment shows at least:

(a) A 3-percent gain, basic support as computed from
first-month enrollment for the school district ,[or]
charter school or university
school for profoundly gifted pupils must be increased by 2
percent.

(b) A 6-percent gain, basic support as computed from
first-month enrollment for the school district ,[or]
charter school or university
school for profoundly gifted pupils must be increased by an
additional 2 percent.

5. If the final computation of apportionment for any
school district ,[or]
charter school or university
school for profoundly gifted pupils exceeds the actual amount
paid to the school district ,[or] charter school or university school for profoundly gifted pupils during
the school year, the additional amount due must be paid before September 1. If
the final computation of apportionment for any school district ,[or]
charter school or university
school for profoundly gifted pupils is less than the actual
amount paid to the school district
,[or] charter school or university school for profoundly gifted pupils during the school year, the difference
must be repaid to the State Distributive School Account in the State General
Fund by the school district , [or] charter school or university school for
profoundly gifted pupils before September 25.

profoundly
gifted pupils during the school year, the difference must be
repaid to the State Distributive School Account in the State General Fund by
the school district ,[or] charter school or university school for profoundly gifted pupils
before September 25.

Sec. 9. NRS 387.126 is hereby amended
to read as follows:

387.126 The Superintendent of Public Instruction may
in his discretion and shall when so directed by the State Board verify by
independent audit or other suitable examination the reports of enrollment and
daily attendance submitted by any school district ,[or]
charter school or university
school for profoundly gifted pupils for apportionment purposes.

Sec. 10. NRS 387.185 is hereby amended
to read as follows:

387.185 1. Except as otherwise provided in
subsection 2 and NRS 387.528, all school money due each county school district
must be paid over by the State Treasurer to the county treasurer on August 1,
November 1, February 1 and May 1 of each year or as soon thereafter as the
county treasurer may apply for it, upon the warrant of the State Controller
drawn in conformity with the apportionment of the Superintendent of Public
Instruction as provided in NRS 387.124.

2. Except as otherwise provided in NRS 387.528, if
the board of trustees of a school district establishes and administers a
separate account pursuant to the provisions of NRS 354.603, all school money
due that school district must be paid over by the State Treasurer to the school
district on August 1, November 1, February 1 and May 1 of each year or as soon
thereafter as the school district may apply for it, upon the warrant of the
State Controller drawn in conformity with the apportionment of the
Superintendent of Public Instruction as provided in NRS 387.124.

3. No county school district may receive any portion
of the public school money unless that school district has complied with the
provisions of this title and regulations adopted pursuant thereto.

4. Except as otherwise provided in this subsection,
all school money due each charter school must be paid over by the State
Treasurer to the governing body of the charter school on August 1, November 1,
February 1 and May 1 of each year or as soon thereafter as the governing body
may apply for it, upon the warrant of the State Controller drawn in conformity
with the apportionment of the Superintendent of Public Instruction as provided
in NRS 387.124. If the Superintendent of Public Instruction has approved,
pursuant to subsection 5 of NRS 387.124, a request for payment of an
apportionment 30 days before the apportionment is otherwise required to be
made, the money due to the charter school must be paid by the State Treasurer
to the governing body of the charter school on July 1, October 1, January 1 or
April 1, as applicable.

5. Except
as otherwise provided in this subsection, all school money due each university
school for profoundly gifted pupils must be paid over by the State Treasurer to
the governing body of the university school on August 1, November 1, February 1
and May 1 of each year or as soon thereafter as the governing body may apply
for it, upon the warrant of the State Controller drawn in conformity with the
apportionment of the Superintendent of Public Instruction as provided in NRS
387.124. If the Superintendent of Public Instruction has approved, pursuant to
subsection 6 of NRS 387.124, a request for payment of an apportionment 30 days
before the apportionment is otherwise required to be made, the money due to the university school must be paid by the State Treasurer to
the governing body of the university school on July 1, October 1, January 1 or
April 1, as applicable.

to the
university school must be paid by the State Treasurer to the governing body of
the university school on July 1, October 1, January 1 or April 1, as
applicable.

Sec. 11. Chapter 392A of NRS is hereby
amended by adding thereto the provisions set forth as sections 12 to 17,
inclusive, of this act.

Sec. 12. 1. Each pupil who is enrolled in a university school for
profoundly gifted pupils, including, without limitation, a pupil who is
enrolled in a program of special education in a university school for
profoundly gifted pupils, must be included in the count of pupils in the school
district in which the school is located for the purposes of apportionments and
allowances from the State Distributive School Account pursuant to NRS 387.121
to 387.126, inclusive, unless the pupil is exempt from compulsory school
attendance pursuant to NRS 392.070.

2. A
university school for profoundly gifted pupils is entitled to receive its
proportionate share of any other money available from federal, state or local
sources that the school or the pupils who are enrolled in the school are
eligible to receive.

3. If a
university school for profoundly gifted pupils receives money for special
education program units directly from this State, the amount of money for
special education that the school district pays to the university school for
profoundly gifted pupils may be reduced proportionately by the amount of money
the university school received from this State for that purpose.

4. All
money received by a university school for profoundly gifted pupils from this
State or from the board of trustees of a school district must be deposited in a
bank, credit union or other financial institution in this State.

5. The
governing body of a university school for profoundly gifted pupils may
negotiate with the board of trustees of the school district in which the school
is located or the State Board for additional money to pay for services that the
governing body wishes to offer.

6. To
determine the amount of money for distribution to a university school for
profoundly gifted pupils in its first year of operation in which state funding
is provided, the count of pupils who are enrolled in the university school must
initially be determined 30 days before the beginning of the school year of the
school district in which the university school is located, based upon the
number of pupils whose applications for enrollment have been approved by the
university school. The count of pupils who are enrolled in a university school
for profoundly gifted pupils must be revised on the last day of the first
school month of the school district in which the university school is located
for the school year, based upon the actual number of pupils who are enrolled in
the university school.

7. Pursuant
to subsection 6 of NRS 387.124, the governing body of a university school for
profoundly gifted pupils may request that the apportionments made to the
university school in its first year of operation be paid to the university
school 30 days before the apportionments are otherwise required to be made.

8. If a
university school for profoundly gifted pupils ceases to operate pursuant to
this chapter during a school year, the remaining apportionments that would have
been made to the university school pursuant
to NRS 387.124 for that school year must be paid on a proportionate basis to
the school districts where the pupils who were enrolled in the university
school reside.

pursuant to NRS
387.124 for that school year must be paid on a proportionate basis to the
school districts where the pupils who were enrolled in the university school
reside.

9. If
the governing body of a university school for profoundly gifted pupils uses
money received from this State to purchase real property, buildings, equipment
or facilities, the governing body of the university school shall assign a
security interest in the property, buildings, equipment and facilities to the
State of Nevada.

Sec. 13. 1. The governing body of a university school for profoundly
gifted pupils shall designate a person to draw all orders for the payment of
money belonging to the university school. The orders must be listed on
cumulative voucher sheets.

2. The
governing body of a university school for profoundly gifted pupils shall
prescribe the procedures by which the orders must be approved and the
cumulative vouchers sheets signed.

3. An
order for the payment of money to a member of the governing body of a
university school for profoundly gifted pupils may only be drawn for salary,
travel expenses, subsistence allowances or for services rendered by a member.

4. An
action may not be maintained against the governing body of a university school
for profoundly gifted pupils or against a university school for profoundly
gifted pupils to collect upon any bill not presented for payment to the
governing body within 6 months after the bill was incurred.

Sec. 14. 1. The governing body of a university school for profoundly
gifted pupils shall adopt rules for the academic advancement of pupils who are
enrolled in the university school, including, without limitation, the
development of a 4-year academic plan for each pupil. The rules must prescribe
the conditions under which the equivalent grade level of a pupil will be
identified for the purpose of administering the achievement and proficiency
examinations pursuant to NRS 392A.110.

2. On an
annual basis, each university school for profoundly gifted pupils shall
evaluate the progress of each pupil in satisfying the requirements set forth in
the 4-year academic plan for the pupil.

3. If a
pupil has successfully completed equivalent courses at a university school for
profoundly gifted pupils, the pupil must be allowed to transfer the credit that
he received at the university school as applicable toward promotion to the next
grade at any public school in this State or toward graduation from a public
high school in this State.

Sec. 15. The governing body of a university school for profoundly
gifted pupils shall submit to the Department in a format prescribed by the
Department such information as requested by the Superintendent of Public
Instruction for purposes of accountability reporting for the university school.

Sec. 16. 1. The governing body of a university school for profoundly
gifted pupils shall adopt:

(a) Written
rules of behavior for pupils enrolled in the university school, including,
without limitation, prohibited acts; and

(b) Appropriate
punishments for violations of the rules.

2. Except
as otherwise provided in subsection 3, if suspension or expulsion of a pupil is
used as a punishment for a violation of the rules, the university school for
profoundly gifted pupils shall ensure that, before the suspension or expulsion,
the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity
for a hearing.

against him, an
explanation of the evidence and an opportunity for a hearing. The provisions of
chapter 241 of NRS do not apply to any hearing conducted pursuant to this
section. Such a hearing must be closed to the public.

3. A
pupil who poses a continuing danger to persons or property or an ongoing threat
of disrupting the academic process or who is selling or distributing any
controlled substance or who is found to be in possession of a dangerous weapon
as provided in NRS 392.466 may be removed from the university school for
profoundly gifted pupils immediately upon being given an explanation of the
reasons for his removal and pending proceedings, which must be conducted as
soon as practicable after removal, for his suspension or expulsion.

4. A
pupil who is enrolled in a university school for profoundly gifted pupils and
participating in a program of special education pursuant to NRS 388.520, other
than a pupil who is gifted and talented, may, in accordance with the procedural
policy adopted by the governing body of the university school for such matters,
be:

(a) Suspended
from the university school pursuant to this section for not more than 10 days.

(b) Suspended
from the university school for more than 10 days or permanently expelled from school
pursuant to this section only after the governing body has reviewed the
circumstances and determined that the action is in compliance with the
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

5. A
copy of the rules of behavior, prescribed punishments and procedures to be
followed in imposing punishments must be:

(a) Distributed
to each pupil at the beginning of the school year and to each new pupil who
enters the university school for profoundly gifted pupils during the year.

(b) Available
for public inspection at the university school.

6. The
governing body of a university school for profoundly gifted pupils may adopt
rules relating to the truancy of pupils who are enrolled in the university
school if the rules are at least as restrictive as the provisions governing
truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body
adopts rules governing truancy, it shall include the rules in the written rules
adopted by the governing body pursuant to subsection 1.

Sec. 17. 1. Each applicant for employment with a university school
for profoundly gifted pupils, except a licensed teacher or other person
licensed by the Superintendent of Public Instruction, must, as a condition to
employment, submit to the governing body of the university school a complete
set of his fingerprints and written permission authorizing the governing body
to forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for its report on the criminal history of the applicant and
for submission to the Federal Bureau of Investigation for its report on the
criminal history of the applicant.

2. If
the reports on the criminal history of an applicant indicate that the applicant
has not been convicted of a felony or an offense involving moral turpitude, the
governing body of the university school for profoundly gifted pupils may employ
the applicant.

3. If a
report on the criminal history of an applicant indicates that the applicant has
been convicted of a felony or an offense involving moral turpitude and the
governing body of the university school for profoundly gifted pupils does not disqualify the applicant from further
consideration of employment on the basis of that report, the governing body
shall, upon the written authorization of the applicant, forward a copy of the
report to the Superintendent of Public Instruction.

gifted pupils
does not disqualify the applicant from further consideration of employment on
the basis of that report, the governing body shall, upon the written
authorization of the applicant, forward a copy of the report to the
Superintendent of Public Instruction. If the applicant refuses to provide his
written authorization to forward a copy of the report pursuant to this
subsection, the university school shall not employ the applicant.

4. The
Superintendent of Public Instruction or his designee shall promptly review the
report to determine whether the conviction of the applicant is related or
unrelated to the position with the university school for profoundly gifted
pupils for which the applicant has applied. If the applicant desires employment
with the university school, he shall, upon the request of the Superintendent of
Public Instruction or his designee, provide any further information that the
Superintendent or his designee determines is necessary to make the
determination. If the governing body of the university school desires to employ
the applicant, the governing body shall, upon the request of the Superintendent
of Public Instruction or his designee, provide any further information that the
Superintendent or his designee determines is necessary to make the
determination. The Superintendent of Public Instruction or his designee shall
provide written notice of the determination to the applicant and to the
governing body of the university school.

5. If
the Superintendent of Public Instruction or his designee determines that the
conviction of the applicant is related to the position with the university
school for profoundly gifted pupils for which the applicant has applied, the
governing body of the university school shall not employ the applicant. If the
Superintendent of Public Instruction or his designee determines that the
conviction of the applicant is unrelated to the position with the university
school for which the applicant has applied, the governing body of the
university school may employ the applicant for that position.

Sec. 18. (Deleted
by amendment.)

Sec. 19. NRS 392A.050 is hereby amended
to read as follows:

392A.050 [Notwithstanding the
provisions of NRS 385.007 to the contrary,]Pursuant to NRS 385.007, a
university school for profoundly gifted pupils shall be deemed a public school[, except that a
university school for profoundly gifted pupils is not]and is entitled to receive
[any] money from the State.

Sec. 20. NRS 392A.060 is hereby amended
to read as follows:

392A.060 1. Except as otherwise provided by specific
statute[,]and by regulation of the State
Board as determined necessary by the Superintendent of Public Instruction, the
provisions of title 34 of NRS do not apply to a university school for
profoundly gifted pupils.

2. The employees of a university school for
profoundly gifted pupils shall be deemed public employees.

Sec. 21. NRS 392A.080 is hereby amended
to read as follows:

392A.080 1. The governing body of a university
school for profoundly gifted pupils [must consist]consists of [nine] 10 members .[and must include the]The Superintendent
of Public Instruction, the president of the university where the university
school for profoundly gifted pupils is located [, who] and the superintendent of schools of
the school district in which the university school for profoundly gifted pupils
is located shall serve ex officio[.] as nonvoting advisory members of the
governing body.

The Governor ,
the Majority Leader of the Senate and the Speaker of the Assembly
shall each appoint [three
members]one
voting member to serve a 4-year [terms.]term. The members appointed by the Governor , the Majority Leader of the Senate and
the Speaker of the Assembly may not be Legislators, employees of the State, a
municipality of the State or the Board of Regents of the University of Nevada. The remaining four voting members
of the governing body [shall]must be appointed by the entity that operates
the university school for profoundly gifted pupils. A person may serve on a
governing body pursuant to this subsection only if he submits an affidavit to
the Department indicating that the person has not been convicted of a felony or
any crime involving moral turpitude.

2. The governing body of a university school for
profoundly gifted pupils is a public body. It is hereby given such reasonable
and necessary powers, not conflicting with the Constitution and the laws of the
State of Nevada, as may be required to attain the ends for which the school is
established and to promote the welfare of pupils who are enrolled in the
school.

3. The governing body of a university school for
profoundly gifted pupils shall, during each calendar quarter, hold at least one
regularly scheduled public meeting in the county in which the school is
located.

Sec. 22. NRS 392A.100 is hereby amended
to read as follows:

392A.100 1. A university school for profoundly
gifted pupils shall determine the eligibility of a pupil for admission to the school
based upon a comprehensive assessment of the pupils potential for academic and
intellectual achievement at the school, including, without limitation,
intellectual and academic ability, motivation, emotional maturity and readiness
for the environment of an accelerated educational program. The assessment must
be conducted by a broad-based committee of professionals in the field of
education.

2. A person who wishes to apply for admission to a
university school for profoundly gifted pupils must:

(a) Submit to the governing body of the school:

(1) A completed application;

(2) Evidence that he possesses advanced
intellectual and academic ability, including, without limitation, proof that he
[scored in the 99.9th percentile or above on achievement and
aptitude tests such as the Scholastic Aptitude Test and the American College
Test;]
satisfies the requirements of NRS 392A.030;

(3) At least three letters of recommendation
from teachers or mentors familiar with the academic and intellectual ability of
the applicant; [and]

(4) A transcript from each school previously
attended by the applicant[.] ; and

(5)
Such other information as may be requested by the university school or
governing body of the school.

(b) If requested by the governing body of the school,
participate in an on-campus interview.

3. The curriculum developed for pupils in a
university school for profoundly gifted pupils must provide exposure to the
subject areas required of pupils enrolled in other public schools.

4. The Superintendent of Public Instruction shall,
upon recommendation of the governing body, issue a high school diploma to a
pupil who is enrolled in a university school for profoundly gifted pupils if that pupil successfully passes the high school proficiency
examination and the courses in American government and American history as
required by NRS 389.020 and 389.030, and successfully completes any
requirements established by the State Board of Education for graduation from
high school.

that pupil successfully passes the high school proficiency
examination and the courses in American government and American history as
required by NRS 389.020 and 389.030, and successfully completes any
requirements established by the State Board of Education for graduation from
high school.

5. On or before March 1 of each odd-numbered year,
the governing body of a university school for profoundly gifted pupils shall
prepare and submit to the Superintendent of Public Instruction, the president
of the university where the university school for profoundly gifted pupils is
located, the State Board and the Director of the Legislative Counsel Bureau a
report that contains information regarding the school, including, without
limitation, the process used by the school to identify and recruit profoundly
gifted pupils from diverse backgrounds and with diverse talents, and data
assessing the success of the school in meeting the educational needs of its
pupils.

Sec. 23. This act becomes effective on July 1,
2007.

________

CHAPTER 305, AB 576

Assembly Bill No.
576Committee on Health and Human Services

CHAPTER 305

AN ACT
relating to public welfare; providing for the certification of intermediary
service organizations which provide certain services relating to personal
assistance received by persons with disabilities; clarifying the definition of
agency to provide personal care services in the home for purposes of
licensing; providing a penalty; and providing other matters properly relating
thereto.

[Approved: June 2,
2007]

Legislative Counsels Digest:

Sections 2-25 of this bill provide for the
certification of an intermediary service organization by the Office of
Disability Services. Section 3 provides that an intermediary service
organization is authorized to provide certain services for a person with a
disability or for another person responsible for the care of a person with a
disability relating to the provision of personal assistance to the person with
a disability. Such services may relate to employment matters concerning a
personal assistant and other financial management relating to the personal
assistance for the disabled person. Section 4 makes it a misdemeanor to
operate an intermediary service organization without a certificate issued by
the Office of Disability Services.

Section 9 of this bill authorizes the
Department of Health and Human Services to prescribe a fee for an application
for the issuance of a certificate to operate as an intermediary service
organization. Sections 18 and 19 of this bill require the Department to
adopt regulations governing the certification of intermediary service
organizations and to establish the criteria for the imposition of sanctions for
certain violations relating to the certification of the intermediary service
organization.

Section 31 of this bill clarifies the term
agency to provide personal care services in the home so that certain
organized groups of persons that employ or contract with persons to provide certain
nonmedical services for a person with a disability are not required to obtain a
license from the Health Division of the Department of Health and Human
Services. Section 31 also excludes an intermediary service organization
so that such organizations are not required to obtain a license from the Health
Division. (NRS 449.0021)

Section 1. Chapter
426 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 25, inclusive, of this act.

Sec. 2. Intermediary service organization means a nongovernmental
entity that provides services authorized pursuant to section 3 of this act for
a person who has a disability or other responsible person.

Sec. 3. 1. An intermediary service organization that is certified
pursuant to sections 2 to 25, inclusive, of this act may provide services for a
person with a disability or other responsible person relating to personal
assistance received by the person with a disability. The services that may be
provided by an intermediary service organization include, without limitation:

(a) Obtaining
a criminal background check of a personal assistant selected by the person with
a disability or other responsible person to provide nonmedical services and any
medical services authorized pursuant to NRS 629.091;

(d) Providing
any other services relating to the employment of a personal assistant and any
other financial assistance relating to the personal assistance for the person
with a disability.

2. As
used in this section:

(a) Other
responsible person means:

(1)
A parent or guardian of, or any other person legally responsible for, a person
with a disability who is under the age of 18 years; or

(2)
A parent, spouse, guardian or adult child of a person with a disability who
suffers from a cognitive impairment.

(b) Personal
assistance means the provision of any goods or services to help a person with
a disability maintain his independence, personal hygiene and safety, including,
without limitation, the provision of services by a personal assistant.

(c) Personal
assistant means a person who, for compensation and under the direction of a
person with a disability or other responsible person, performs services for a
person with a disability to help him maintain his independence, personal
hygiene and safety.

Sec. 4.1. A person shall not operate or maintain in this State an
intermediary service organization without first obtaining a certificate
therefor as provided in sections 2 to 25, inclusive, of this act.

2. A
person who violates the provisions of this section is guilty of a misdemeanor.

Sec. 5.Any person wishing to obtain a certificate pursuant to the
provisions of sections 2 to 25, inclusive, of this act must file with the
Office an application on a form prescribed, prepared and furnished by the
Office, containing:

1. The
name of the applicant and, if a natural person, whether the applicant has
attained the age of 21 years.

3. The
name of the person in charge of the intermediary service organization.

4. Such
other information as may be required by the Office for the proper
administration and enforcement of sections 2 to 25, inclusive, of this act.

5. Evidence
satisfactory to the Office that the applicant is of reputable and responsible
character. If the applicant is a firm, association, organization, partnership,
business trust, corporation or company, similar evidence must be submitted as
to the members thereof, and the person in charge of the intermediary service
organization for which application is made.

6. Evidence
satisfactory to the Office of the ability of the applicant to comply with the
provisions of sections 2 to 25, inclusive, of this act and the standards and
regulations adopted by the Department.

Sec. 6.1. An applicant for the issuance or renewal of a
certificate as an intermediary service organization must submit to the Office
the statement prescribed by the Division of Welfare and Supportive Services of
the Department pursuant to NRS 425.520. The statement must be completed and
signed by the applicant.

2. The
Office shall include the statement required pursuant to subsection 1 in:

(a) The
application or any other forms that must be submitted for the issuance or
renewal of the certificate; or

(b) A
separate form prescribed by the Office.

3. A
certificate as an intermediary service organization may not be issued or
renewed by the Office if the applicant:

(a) Fails
to submit the statement required pursuant to subsection 1; or

(b) Indicates
on the statement submitted pursuant to subsection 1 that he is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order.

4. If an
applicant indicates on the statement submitted pursuant to subsection 1 that he
is subject to a court order for the support of a child and is not in compliance
with the order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed pursuant to the
order, the Office shall advise the applicant to contact the district attorney
or other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

Sec. 7. An application for the issuance of a certificate to operate
an intermediary service organization pursuant to section 5 of this act must
include the social security number of the applicant.

Sec. 8.1. If
the Office receives a copy of a court order issued pursuant to NRS 425.540 that
provides for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder of a
certificate to operate an intermediary service organization, the Office shall
deem the certificate issued to that person to be suspended at the end of the
30th day after the date on which the court order was issued unless the Office
receives a letter issued to the holder of the certificate by the district
attorney or other public agency pursuant to
NRS 425.550 stating that the holder of the certificate has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

agency pursuant
to NRS 425.550 stating that the holder of the certificate has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The
Office shall reinstate a certificate to operate an intermediary service
organization that has been suspended by a district court pursuant to NRS
425.540 if the Office receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550 to the person whose certificate was
suspended stating that the person whose certificate was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560.

Sec. 9.Each application for a certificate must be accompanied by
such fee as may be determined by regulation of the Department. The Department
may, by regulation, allow or require payment of a fee for a certificate in
installments and may fix the amount of each payment and the date on which the
payment is due.

Sec. 10.1. Each certificate issued pursuant to sections 2 to 25,
inclusive, of this act expires on December 31 following its issuance and is
renewable for 1 year upon reapplication and payment of all fees required
pursuant to section 9 of this act unless the Office finds, after an
investigation, that the intermediary service organization has not
satisfactorily complied with the provisions of sections 2 to 25, inclusive, of
this act or the standards and regulations adopted by the Department.

2. Each
reapplication for an intermediary service organization must include, without
limitation, a statement that the organization is in compliance with the
provisions of sections 20 to 23, inclusive, of this act.

Sec. 11.1. The Office shall issue the certificate to the applicant
if, after investigation, the Office finds that the:

(a) Applicant
is in full compliance with the provisions of sections 2 to 25, inclusive, of
this act; and

(b) Applicant
is in substantial compliance with the standards and regulations adopted by the
Department.

2. A
certificate applies only to the person to whom it is issued and is not
transferable.

Sec. 12.Each certificate issued by the Office must be in the form
prescribed by the Office and must contain:

1. The
name of the person or persons authorized to operate the intermediary service
organization;

2. The
location of the intermediary service organization; and

3. The
services offered by the intermediary service organization.

Sec. 13.1. The Office may cancel the certificate of an intermediary
service organization and issue a provisional certificate, effective for a
period determined by the Office, to the intermediary service organization if
the intermediary service organization:

(a) Is in
operation at the time of the adoption of standards and regulations pursuant to
the provisions of sections 2 to 25, inclusive, of this act and the Office
determines that the intermediary service organization requires a reasonable
time under the particular circumstances within which to comply with the
standards and regulations; or

(b) Has
failed to comply with the standards or regulations and the Office determines
that the intermediary service organization is in the process of making the
necessary changes or has agreed to make the changes within a reasonable time.

2. The
provisions of subsection 1 do not require the issuance of a certificate or
prevent the Office from refusing to renew or from revoking or suspending any
certificate if the Office deems such action necessary for the health and safety
of a person for whom the intermediary service organization provides services.

Sec. 14. 1. Money received from the certification of intermediary
service organizations:

(a) Must
be forwarded to the State Treasurer for deposit in the State Treasury;

(b) Must
be accounted for separately in the State General Fund; and

(c) May
only be used to carry out the provisions of sections 2 to 25, inclusive, of this
act.

2. The
Office shall enforce the provisions of sections 2 to 25, inclusive, of this act
and may incur any necessary expenses not in excess of money appropriated for
that purpose by the State or received from the Federal Government.

Sec. 15.The Office may:

1. Upon
receipt of an application for a certificate, conduct an investigation into the
qualifications of personnel, methods of operation and policies and purposes of
any person proposing to engage in the operation of an intermediary service organization.

2. Upon
receipt of a complaint against an intermediary service organization, except for
a complaint concerning the cost of services, conduct an investigation into the
qualifications of personnel, methods of operation and policies, procedures and
records of that intermediary service organization or any other intermediary
service organization which may have information pertinent to the complaint.

3. Employ
such professional, technical and clerical assistance as it deems necessary to
carry out the provisions of sections 2 to 25, inclusive, of this act.

Sec. 16.The Office may deny an application for a certificate or may
suspend or revoke any certificate issued under the provisions of sections 2 to
25, inclusive, of this act upon any of the following grounds:

1. Violation
by the applicant or the holder of a certificate of any of the provisions of
sections 2 to 25, inclusive, of this act or of any other law of this State or
of the standards, rules and regulations adopted thereunder.

2. Aiding,
abetting or permitting the commission of any illegal act.

3. Conduct
inimical to the public health, morals, welfare and safety of the people of the
State of Nevada in the operation of an intermediary service organization.

4. Conduct
or practice detrimental to the health or safety of a person under contract with
or employees of the intermediary service organization.

Sec. 17.1. If an intermediary service organization violates any
provision related to its certification, including, without limitation, any
provision of sections 2 to 25, inclusive, of this act or any condition,
standard or regulation adopted by the Department, the Office, in accordance
with the regulations adopted pursuant to section 18 of this act, may, as it
deems appropriate:

(a) Prohibit
the intermediary service organization from providing services pursuant to
section 3 of this act until it determines that the intermediary service
organization has corrected the violation;

(b) Impose
an administrative penalty of not more than $1,000 per day for each violation,
together with interest thereon at a rate not to exceed 10 percent per annum;
and

(c) Appoint
temporary management to oversee the operation of the intermediary service organization
and to ensure the health and safety of the persons for whom the intermediary
service organization performs services, until:

(1)
It determines that the intermediary service organization has corrected the
violation and has management which is capable of ensuring continued compliance
with the applicable statutes, conditions, standards and regulations; or

(2)
Improvements are made to correct the violation.

2. If
the intermediary service organization fails to pay any administrative penalty
imposed pursuant to paragraph (b) of subsection 1, the Office may:

(a) Suspend
the certificate of the intermediary service organization until the
administrative penalty is paid; and

3. The
Office may require any intermediary service organization that violates any
provision of sections 2 to 25, inclusive, of this act or any condition,
standard or regulation adopted by the Department, to make any improvements
necessary to correct the violation.

4. Any
money collected as administrative penalties pursuant to this section must be
accounted for separately and used to protect the health or property of the
persons for whom the intermediary service organization performs services in
accordance with applicable federal standards.

Sec. 18.The Department shall adopt regulations establishing the
criteria for the imposition of each sanction prescribed by section 17 of this
act. These regulations must:

1. Prescribe
the circumstances and manner in which each sanction applies;

2. Minimize
the time between identification of a violation and the imposition of a
sanction;

3. Provide
for the imposition of incrementally more severe sanctions for repeated or uncorrected
violations; and

4. Provide
for less severe sanctions for lesser violations of applicable state statutes,
conditions, standards or regulations.

Sec. 19.1. When the Office intends to deny, suspend or revoke a
certificate or impose any sanction prescribed by section 17 of this act, it
shall give reasonable notice to the holder of the certificate by certified
mail. The notice must contain the legal authority, jurisdiction and reasons for
the action to be taken. Notice is not required if the Office finds that the
public health requires immediate action. In that case, it may order a summary
suspension of a certificate or impose any sanction prescribed by section 17 of
this act, pending proceedings for revocation or other action.

2. If a
person wants to contest the action of the Office, he must file an appeal
pursuant to regulations adopted by the Department.

3. Upon
receiving notice of an appeal, the Office shall hold a hearing pursuant to
regulations adopted by the Department.

4. The
Department shall adopt such regulations as are necessary to carry out the
provisions of this section.

Sec. 20.1. Except as otherwise provided in subsection 2, within 10
days after hiring an employee or entering into a contract with an independent
contractor, the holder of a certificate to operate an intermediary service
organization shall:

(a) Obtain
a written statement from the employee or independent contractor stating whether
he has been convicted of any crime listed in subsection 1 of section 23 of this
act;

(b) Obtain
an oral and written confirmation of the information contained in the written
statement obtained pursuant to paragraph (a);

(c) Obtain
from the employee or independent contractor two sets of fingerprints and a
written authorization to forward the fingerprints to the Central Repository for
Nevada Records of Criminal History for submission to the Federal Bureau of
Investigation for its report; and

(d) Submit
to the Central Repository for Nevada Records of Criminal History the
fingerprints obtained pursuant to paragraph (c).

2. The
holder of a certificate to operate an intermediary service organization is not
required to obtain the information described in subsection 1 from an employee
or independent contractor who provides proof that an investigation of his
criminal history has been conducted by the Central Repository for Nevada
Records of Criminal History within the immediately preceding 6 months and the
investigation did not indicate that the employee or independent contractor had
been convicted of any crime set forth in subsection 1 of section 23 of this
act.

3. The
holder of a certificate to operate an intermediary service organization shall
ensure that the criminal history of each employee or independent contractor who
works at or for the intermediary service organization is investigated at least
once every 5 years. The certificate holder shall:

(a) If
the intermediary service organization does not have the fingerprints of the
employee or independent contractor on file, obtain two sets of fingerprints
from the employee or independent contractor;

(b) Obtain
written authorization from the employee or independent contractor to forward
the fingerprints on file or obtained pursuant to paragraph (a) to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report; and

(c) Submit
the fingerprints to the Central Repository for Nevada Records of Criminal
History.

4. Upon
receiving fingerprints submitted pursuant to this section, the Central
Repository for Nevada Records of Criminal History shall determine whether the
employee or independent contractor has been convicted of a crime listed in
subsection 1 of section 23 of this act and immediately inform the Office and
the holder of a certificate to operate the intermediary service organization
for which the person works whether the employee or independent contractor has
been convicted of such a crime.

5. The
Central Repository for Nevada Records of Criminal History may impose a fee upon
an intermediary service organization that submits fingerprints pursuant to this
section for the reasonable cost of the investigation. The intermediary service
organization may recover from the employee or independent contractor not more
than one-half of the fee imposed by the Central Repository. If the intermediary
service organization requires the employee or independent contractor to pay for
any part of the fee imposed by the Central
Repository, it shall allow the employee or independent contractor to pay the
amount through periodic payments.

fee imposed by
the Central Repository, it shall allow the employee or independent contractor
to pay the amount through periodic payments.

Sec. 21.Each intermediary service organization shall maintain
accurate records of the information concerning its employees and independent
contractors collected pursuant to section 20 of this act and shall maintain a
copy of the fingerprints submitted to the Central Repository for Nevada Records
of Criminal History and proof that it submitted two sets of fingerprints to the
Central Repository for its report. These records must be made available for
inspection by the Office at any reasonable time, and copies thereof must be
furnished to the Office upon request.

Sec. 22.1. Upon receiving information from the Central Repository
for Nevada Records of Criminal History pursuant to section 20 of this act, or
evidence from any other source, that an employee or independent contractor of
an intermediary service organization has been convicted of a crime listed in
subsection 1 of section 23 of this act, the holder of a certificate to operate
the intermediary service organization shall terminate the employment or
contract of that person after allowing him time to correct the information
pursuant to subsection 2.

2. If an
employee or independent contractor believes that the information provided by
the Central Repository is incorrect, he may immediately inform the intermediary
service organization. An intermediary service organization that is so informed
shall give the employee or independent contractor a reasonable amount of time
of not less than 30 days to correct the information received from the Central
Repository before terminating the employment or contract of the person pursuant
to subsection 1.

3. An
intermediary service organization that has complied with section 20 of this act
may not be held civilly or criminally liable based solely upon the ground that
the intermediary service organization allowed an employee or independent
contractor to work:

(a) Before
it received the information concerning the employee or independent contractor
from the Central Repository;

(b) During
any period required pursuant to subsection 2 to allow the employee or
independent contractor to correct that information;

(c) Based
on the information received from the Central Repository, if the information
received from the Central Repository was inaccurate; or

(d) Any
combination thereof.

Κ An intermediary service
organization may be held liable for any other conduct determined to be negligent
or unlawful.

Sec. 23.In addition to the grounds listed in section 16 of this act,
the Office may deny a certificate to operate an intermediary service
organization to an applicant or may suspend or revoke the certificate of a
holder of a certificate to operate an intermediary service organization if:

1. The
applicant or holder of a certificate has been convicted of:

(a) Murder,
voluntary manslaughter or mayhem;

(b) Assault
with intent to kill or to commit sexual assault or mayhem;

(h) Any
other felony involving the use of a firearm or other deadly weapon, within the
immediately preceding 7 years; or

2. The
holder of a certificate has continued to employ a person who has been convicted
of a crime listed in subsection 1.

Sec. 24.1. The Office may bring an action in the name of the State
to enjoin any person from operating or maintaining an intermediary service
organization within the meaning of sections 2 to 25, inclusive, of this act:

(a) Without
first obtaining a certificate therefor; or

(b) After
his certificate has been revoked or suspended by the Office.

2. It is
sufficient in such action to allege that the defendant did, on a certain date
and in a certain place, operate and maintain the intermediary service
organization without a certificate.

Sec. 25.The district attorney of the county in which an intermediary
service organization operates shall, upon application by the Office, institute
and conduct the prosecution of any action for violation of any provisions of
sections 2 to 25, inclusive, of this act.

Sec. 26.NRS 426.205 is hereby amended
to read as follows:

426.205 As used in NRS 426.205 to 426.295, inclusive,
and sections 2 to 25, inclusive,
of this act, unless the context otherwise requires, the words and
terms defined in NRS 426.215 and 426.225 and section 2 of this act have the meanings
ascribed to them in those sections.

Sec. 27. NRS 426.245 is hereby amended
to read as follows:

426.245 1.
TheDepartment
may adopt any regulations to carry out the provisions of NRS 426.205 to
426.295, inclusive[.] , and sections 2 to 25, inclusive, of
this act.

2. The
Department shall adopt regulations governing the certification of intermediary
service organizations and such other regulations as it deems necessary to carry
out the provisions of sections 3 to 25, inclusive, of this act.

Sec. 28. NRS 427A.175 is hereby amended
to read as follows:

427A.175 1. Within 1 year after an older patient
sustains damage to his property as a result of any act or failure to act by a
facility for intermediate care, a facility for skilled nursing, a residential
facility for groups, an agency to provide personal care services in the home , an intermediary service organization or
an agency to provide nursing in the home in protecting the property, the older
patient may file a verified complaint with the Division setting forth the
details of the damage.

2. Upon receiving a verified complaint pursuant to
subsection 1, the Administrator shall investigate the complaint and attempt to
settle the matter through arbitration, mediation or negotiation.

3. If a settlement is not reached pursuant to
subsection 2, the facility, agency or older patient may request a hearing
before the Specialist for the Rights of Elderly Persons. If requested, the
Specialist for the Rights of Elderly Persons shall conduct a hearing to
determine whether the facility or agency is liable for
damages to the patient.

agency is liable for damages to the patient. If the
Specialist for the Rights of Elderly Persons determines that the facility or
agency is liable for damages to the patient, he shall order the amount of the
surety bond pursuant to NRS 449.065 or the substitute for the surety bond
necessary to pay for the damages pursuant to NRS 449.067 to be released to the
Division. The Division shall pay any such amount to the older patient or the
estate of the older patient.

4. The Division shall create a separate account for
money to be collected and distributed pursuant to this section.

5. As used in this section:

(a) Agency to provide nursing in the home has the
meaning ascribed to it in NRS 449.0015;

(b) Agency to provide personal care services in the
home has the meaning ascribed to it in NRS 449.0021;

(c) Facility for intermediate care has the meaning
ascribed to it in NRS 449.0038;

(d) Facility for skilled nursing has the meaning
ascribed to it in NRS 449.0039;

(e) Intermediary
Service Organization has the meaning ascribed to it in section 2 of this act;

(f) Older
patient has the meaning ascribed to it in NRS 449.063; and

[(f)] (g) Residential facility for groups has the
meaning ascribed to it in NRS 449.017.

Sec. 29. NRS 179A.075 is hereby amended
to read as follows:

179A.075 1. The Central Repository for Nevada
Records of Criminal History is hereby created within the Department.

2. Each agency of criminal justice and any other
agency dealing with crime or delinquency of children shall:

(a) Collect and maintain records, reports and
compilations of statistical data required by the Department; and

(b) Submit the information collected to the Central
Repository in the manner approved by the Director of the Department.

3. Each agency of criminal justice shall submit the
information relating to records of criminal history that it creates or issues,
and any information in its possession relating to the genetic markers of a
biological specimen of a person who is convicted of an offense listed in
subsection 4 of NRS 176.0913, to the Department:

(a) Through an electronic network;

(b) On a medium of magnetic storage; or

(c) In the manner prescribed by the Director of the
Department,

Κ within the
period prescribed by the Director of the Department. If an agency has submitted
a record regarding the arrest of a person who is later determined by the agency
not to be the person who committed the particular crime, the agency shall,
immediately upon making that determination, so notify the Department. The
Department shall delete all references in the Central Repository relating to
that particular arrest.

4. The Department shall, in the manner prescribed by
the Director of the Department:

(a) Collect, maintain and arrange all information
submitted to it relating to:

(2) The genetic markers of a biological
specimen of a person who is convicted of an offense listed in subsection 4 of
NRS 176.0913.

(b) When practicable, use a record of the personal
identifying information of a subject as the basis for any records maintained
regarding him.

(c) Upon request, provide the information that is
contained in the Central Repository to the State Disaster Identification Team
of the Division of Emergency Management of the Department.

5. The Department may:

(a) Disseminate any information which is contained in
the Central Repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with federal and
state repositories to facilitate exchanges of information that may be
disseminated pursuant to paragraph (a); and

(c) Request of and receive from the Federal Bureau of
Investigation information on the background and personal history of any person
whose record of fingerprints the Central Repository submits to the Federal
Bureau of Investigation and:

(1) Who has applied to any agency of the State
of Nevada or any political subdivision thereof for a license which it has the
power to grant or deny;

(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of
employment or a contract for personal services;

(3) Who has applied to any agency of the State
of Nevada or any political subdivision thereof to attend an academy for
training peace officers approved by the Peace Officers Standards and Training
Commission;

(4) For whom such information is required to be
obtained pursuant to NRS 449.179[;]and section 20 of this act; or

(5) About whom any agency of the State of
Nevada or any political subdivision thereof has a legitimate need to have
accurate personal information for the protection of the agency or the persons
within its jurisdiction.

Κ To request
and receive information from the Federal Bureau of Investigation concerning a
person pursuant to this subsection, the Central Repository must receive the persons
complete set of fingerprints from the agency or political subdivision and
submit the fingerprints to the Federal Bureau of Investigation for its report.

6. The Central Repository shall:

(a) Collect and maintain records, reports and
compilations of statistical data submitted by any agency pursuant to subsection
2.

(b) Tabulate and analyze all records, reports and
compilations of statistical data received pursuant to this section.

(c) Disseminate to federal agencies engaged in the
collection of statistical data relating to crime information which is contained
in the Central Repository.

(d) Investigate the criminal history of any person
who:

(1) Has applied to the Superintendent of Public
Instruction for a license;

(2) Has applied to a county school district,
charter school or private school for employment; or

(3) Is employed by a county school district,
charter school or private school,

Κ and notify
the superintendent of each county school district, the governing body of each
charter school and the Superintendent of Public Instruction, or the
administrator of each private school, as appropriate, if the investigation of
the Central Repository indicates that the person has been convicted of a
violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted
of a felony or any offense involving moral turpitude.

(e) Upon discovery, notify the superintendent of each
county school district, the governing body of each charter school or the
administrator of each private school, as appropriate, by providing the
superintendent, governing body or administrator with a list of all persons:

(1) Investigated pursuant to paragraph (d); or

(2) Employed by a county school district,
charter school or private school whose fingerprints were sent previously to the
Central Repository for investigation,

Κ who the
Central Repositorys records indicate have been convicted of a violation of NRS
200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or
any offense involving moral turpitude since the Central Repositorys initial
investigation. The superintendent of each county school district, the governing
body of a charter school or the administrator of each private school, as
applicable, shall determine whether further investigation or action by the
district, charter school or private school, as applicable, is appropriate.

(f) Investigate the criminal history of each person
who submits fingerprints or has his fingerprints submitted pursuant to NRS
449.176 or 449.179[.] or section 20 of this act.

(g) On or before July 1 of each year, prepare and
present to the Governor a printed annual report containing the statistical data
relating to crime received during the preceding calendar year. Additional
reports may be presented to the Governor throughout the year regarding specific
areas of crime if they are approved by the Director of the Department.

(h) On or before July 1 of each year, prepare and
submit to the Director of the Legislative Counsel Bureau for submission to the
Legislature, or to the Legislative Commission when the Legislature is not in
regular session, a report containing statistical data about domestic violence
in this State.

(i) Identify and review the collection and processing
of statistical data relating to criminal justice and the delinquency of
children by any agency identified in subsection 2, and make recommendations for
any necessary changes in the manner of collecting and processing statistical
data by any such agency.

7. The Central Repository may:

(a) In the manner prescribed by the Director of the
Department, disseminate compilations of statistical data and publish statistical
reports relating to crime or the delinquency of children.

(b) Charge a reasonable fee for any publication or
special report it distributes relating to data collected pursuant to this
section. The Central Repository may not collect such a fee from an agency of
criminal justice, any other agency dealing with crime or the delinquency of
children which is required to submit information pursuant to subsection 2 or
the State Disaster Identification Team of the Division of Emergency Management
of the Department.

Department. All money collected pursuant to this paragraph
must be used to pay for the cost of operating the Central Repository.

(c) In the manner prescribed by the Director of the
Department, use electronic means to receive and disseminate information
contained in the Central Repository that it is authorized to disseminate
pursuant to the provisions of this chapter.

8. As used in this section:

(a) Personal identifying information means any
information designed, commonly used or capable of being used, alone or in
conjunction with any other information, to identify a person, including,
without limitation:

(1) The name, drivers license number, social
security number, date of birth and photograph or computer-generated image of a
person; and

(2) The fingerprints, voiceprint, retina image
and iris image of a person.

(b) Private school has the meaning ascribed to it in
NRS 394.103.

Sec. 30. NRS 200.5093 is hereby amended to read as follows:

200.5093 1. Any person who is described in
subsection 4 and who, in his professional or occupational capacity, knows or
has reasonable cause to believe that an older person has been abused,
neglected, exploited or isolated shall:

(a) Except as otherwise provided in subsection 2,
report the abuse, neglect, exploitation or isolation of the older person to:

(1) The local office of the Aging Services
Division of the Department of Health and Human Services;

(2) A police department or sheriffs office;

(3) The countys office for protective
services, if one exists in the county where the suspected action occurred; or

(4) A toll-free telephone service designated by
the Aging Services Division of the Department of Health and Human Services; and

(b) Make such a report as soon as reasonably
practicable but not later than 24 hours after the person knows or has
reasonable cause to believe that the older person has been abused, neglected,
exploited or isolated.

2. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that the
abuse, neglect, exploitation or isolation of the older person involves an act
or omission of the Aging Services Division, another division of the Department
of Health and Human Services or a law enforcement agency, the person shall make
the report to an agency other than the one alleged to have committed the act or
omission.

3. Each agency, after reducing a report to writing,
shall forward a copy of the report to the Aging Services Division of the
Department of Health and Human Services.

4. A report must be made pursuant to subsection 1 by
the following persons:

(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, physician assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse counselor,
athletic trainer, driver of an ambulance, advanced emergency medical technician
or other person providing medical services licensed or certified to practice in
this State, who examines, attends or treats an older person who appears to have
been abused, neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution
engaged in the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect, exploitation or
isolation of an older person by a member of the staff of the hospital.

(c) A coroner.

(d) Every person who maintains or is employed by an
agency to provide personal care services in the home.

(e) Every person who maintains or is employed by an
agency to provide nursing in the home.

(f) Every
person who operates, who is employed by or who contracts to provide services
for an intermediary service organization as defined in section 2 of this act.

(g) Any
employee of the Department of Health and Human Services.

[(g)] (h) Any employee of a law enforcement agency
or a countys office for protective services or an adult or juvenile probation
officer.

[(h)] (i) Any person who maintains or is employed
by a facility or establishment that provides care for older persons.

[(i)] (j) Any person who maintains, is employed by
or serves as a volunteer for an agency or service which advises persons
regarding the abuse, neglect, exploitation or isolation of an older person and
refers them to persons and agencies where their requests and needs can be met.

[(j)] (k) Every social worker.

[(k)] (l) Any person who owns or is employed by a
funeral home or mortuary.

5. A report may be made by any other person.

6. If a person who is required to make a report
pursuant to subsection 1 knows or has reasonable cause to believe that an older
person has died as a result of abuse, neglect or isolation, the person shall,
as soon as reasonably practicable, report this belief to the appropriate
medical examiner or coroner, who shall investigate the cause of death of the
older person and submit to the appropriate local law enforcement agencies, the
appropriate prosecuting attorney and the Aging Services Division of the
Department of Health and Human Services his written findings. The written
findings must include the information required pursuant to the provisions of
NRS 200.5094, when possible.

7. A division, office or department which receives a
report pursuant to this section shall cause the investigation of the report to
commence within 3 working days. A copy of the final report of the investigation
conducted by a division, office or department, other than the Aging Services
Division of the Department of Health and Human Services, must be forwarded to
the Aging Services Division within 90 days after the completion of the report.

8. If the investigation of a report results in the
belief that an older person is abused, neglected, exploited or isolated, the
Aging Services Division of the Department of Health and Human Services or the
countys office for protective services may provide protective services to the
older person if he is able and willing to accept them.

9. A person who knowingly and willfully violates any
of the provisions of this section is guilty of a misdemeanor.

Sec. 31. NRS 449.0021 is hereby amended to read as follows:

449.0021 1. Agency to provide personal care
services in the home means any person, other than a natural person, which
provides in the home, through its employees or by
contractual arrangement with other persons, nonmedical services related to
personal care to elderly persons or persons with [mental or physical]
disabilities to assist those persons with activities of daily living,
including, without limitation:

through its employees or by contractual arrangement with
other persons, nonmedical services related to personal care to elderly persons
or persons with [mental or physical] disabilities to
assist those persons with activities of daily living, including, without
limitation:

(a) The elimination of wastes from the body;

(b) Dressing and undressing;

(c) Bathing;

(d) Grooming;

(e) The preparation and eating of meals;

(f) Laundry;

(g) Shopping;

(h) Cleaning;

(i) Transportation; and

(j) Any other minor needs related to the maintenance
of personal hygiene.

2. The term does not include:

(a) An independent contractor who provides nonmedical
services specified by subsection 1 without the assistance of employees; [or

(b) A
microboard, as defined by regulations adopted by the Board.]

(b) An
organized group of persons comprised of the family or friends of a person
needing personal care services that employs or contracts with persons to
provide services specified by subsection 1 for the person if:

(1)
The organization of the group of persons is set forth in a written document
that is made available for review by the Health Division upon request; and

(2)
The personal care services are provided to only one person or one family who
resides in the same residence; or

(c) An
intermediary service organization.

3. As
used in this section, intermediary service organization has the meaning
ascribed to it in section 2 of this act.

Sec. 32. NRS 632.472 is hereby amended
to read as follows:

632.472 1. The following persons shall report in
writing to the Executive Director of the Board any conduct of a licensee or
holder of a certificate which constitutes a violation of the provisions of this
chapter:

(b) Any personnel of a medical facility or facility
for the dependent engaged in the admission, examination, care or treatment of
persons or an administrator, manager or other person in charge of a medical
facility or facility for the dependent upon notification by a member of the
staff of the facility.

(c) A coroner.

(d) Any person who maintains or is employed by an
agency to provide personal care services in the home.

(e) Any
person who operates, who is employed by or who contracts to provide services
for an intermediary service organization as defined in section 2 of this act.

(f) Any
person who maintains or is employed by an agency to provide nursing in the
home.

[(f)] (g) Any employee of the Department of Health
and Human Services.

[(g)] (h) Any employee of a law enforcement agency
or a countys office for protective services or an adult or juvenile probation
officer.

[(h)] (i) Any person who maintains or is employed
by a facility or establishment that provides care for older persons.

[(i)] (j) Any person who maintains, is employed by
or serves as a volunteer for an agency or service which advises persons
regarding the abuse, neglect or exploitation of an older person and refers them
to persons and agencies where their requests and needs can be met.

[(j)] (k) Any social worker.

2. Every physician who, as a member of the staff of a
medical facility or facility for the dependent, has reason to believe that a
nursing assistant has engaged in conduct which constitutes grounds for the
denial, suspension or revocation of a certificate shall notify the
superintendent, manager or other person in charge of the facility. The
superintendent, manager or other person in charge shall make a report as
required in subsection 1.

3. A report may be filed by any other person.

4. Any person who in good faith reports any violation
of the provisions of this chapter to the Executive Director of the Board
pursuant to this section is immune from civil liability for reporting the
violation.

5. As used in this section, agency to provide
personal care services in the home has the meaning ascribed to it in NRS
449.0021.

Sec. 33. 1.This act becomes effective
upon passage and approval for the purpose of adopting regulations and on October 1, 2007, for all other purposes.

2. The provisions of sections 6, 7 and 8 of this act
expire by limitation on the date on which the provisions of 42 U.S.C. § 666
requiring each state to establish procedures under which the state has
authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of
one or more children,

Κ are
repealed by the Congress of the United States.

________

κ2007
Statutes of Nevada, Page 1228κ

CHAPTER 306, AB 596

Assembly
Bill No. 596Committee on Ways and Means

CHAPTER 306

AN ACT relating to child support; revising certain provisions concerning
the right of a physical custodian of a child to recover support for a child
from the noncustodial parent in certain circumstances; requiring every court
order for the support of a child to include a provision to provide for the
medical support of the child; requiring the Chief of the Program established to
locate absent parents, establish paternity and obtain child support to retain a
fee in certain cases; and providing other matters properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Under existing law,
when the parents of a child are separated, the physical custodian of the child
may recover from the parent without physical custody of the child a reasonable
portion of certain costs provided by the physical custodian. In the absence of
a court order for support of the child, the parent who has physical custody of
the child may not recover more than 4 years of support furnished before the
bringing of the action. (NRS 125B.030) Section 1 of this bill revises
this provision to authorize the physical custodian to recover such support in
any situation in which the parents of the child do not reside together.

Section 2 of
this bill revises provisions of existing law concerning orders for the support
of a child to require that every court order for the support of a child issued
or modified in this State on or after the effective date of this act must
include a provision specifying that one or both of the parents are required to
provide for the medical support of the child. (NRS 125B.085)

Existing federal law requires the State to charge certain fees
relating to the collection of child support through the Program established to
locate absent parents, establish paternity and obtain child support pursuant to
Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq. To
comply with the federal law, section 3 of this bill requires the Chief
of the Program to retain a fee of up to $25 each year in each case in which the
State has collected more than $500 and in which the child for whom the
collection is made and the person who has physical custody of the child have
never received Temporary Assistance for Needy Families pursuant to Title IV of
the Social Security Act. The fees collected by the Chief must be deposited in
the State Child Support Disbursement Fund for use in carrying out the Program.
(NRS 425.363)

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 125B.030 is
hereby amended to read as follows:

125B.030 Where the parents of a child [are
separated,]
do not reside together, the physical custodian of the child may
recover from the parent without physical custody a reasonable portion of the
cost of care, support, education and maintenance provided by the physical
custodian. In the absence of a court order[,] for the support of a child,
the parent who has physical custody may recover not more than 4 years support
furnished before the bringing of the action[.] to establish an obligation for the
support of the child.

125B.085 1.
Except as otherwise provided in NRS 125B.012, every court order
for the support of a child issued or modified in this State on or after [October
1, 1997,] the
effective date of this act, must include a provision specifying [whether
the parent required to pay support is] that one or both parents are required to
provide [coverage]medical support for [the health care of]
the child and[,
if so,] any details relating to that requirement.

2. As
used in this section, medical support includes, without limitation, coverage
for health care under a plan of insurance, including, without limitation, the
payment of any premium, copayment or deductible and the payment of medical
expenses.

Sec. 3. Chapter 425 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The
Chief shall retain an annual fee of up to $25 in each case for which the Chief
provides services from any amount collected in the case during the year in
excess of $500, but only if the child for whom the collection is made and the
person who has physical custody of the child in the case are not and have never
been a recipient of Temporary Assistance for Needy Families pursuant to Title
IV of the Social Security Act, 42 U.S.C. §§ 601 et seq.

2. Any
fee collected pursuant to subsection 1 must be used to carry out the Program.

Sec. 4. NRS 425.382 is hereby amended
to read as follows:

425.382 1. Except as otherwise provided in NRS
425.346, the Chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive,
and section 3 of this act, after:

(a) Payment of public assistance by the Division; or

(b) Receipt of a request for services to carry out the
Program.

2. Subject to approval by the district court, a
master may:

(a) Take any action authorized pursuant to chapter 130
of NRS, including any of the actions described in subsection 2 of NRS 130.305.

(b) Except as otherwise provided in chapter 130 of NRS
and NRS 425.346:

(1) Issue and enforce an order for the support
of a dependent child, and modify or adjust such an order in accordance with NRS
125B.145;

(2) Require coverage for health care of a
dependent child;

(3) Establish paternity;

(4) Order a responsible parent to comply with
an order for the support of a dependent child, specifying the amount and the
manner of compliance;

(5) Order the withholding of income;

(6) Determine the amount of any arrearages and
specify a method of payment;

(7) Enforce orders by civil or criminal
contempt, or both;

(8) Set aside property for satisfaction of an
order for the support of a dependent child;

(9) Place liens and order execution on the
property of the responsible parent;

(10) Order a responsible parent to keep the
master informed of his current residential address, telephone number, employer,
address of employment and telephone number at the place of employment;

(11) Issue a bench warrant for a responsible
parent who has failed after proper notice to appear at a hearing ordered by the
master and enter the bench warrant in any local and state computer system for
criminal warrants;

(12) Order the responsible parent to seek
appropriate employment by specified methods;

(13) Upon the request of the Division, require
a responsible parent to:

(I) Pay any support owed in accordance
with a plan approved by the Division; or

(II) Participate in such work activities,
as that term is defined in 42 U.S.C. § 607(d), as the Division deems
appropriate;

(14) Award reasonable attorneys fees and other
fees and costs; and

(15) Grant any other available remedy.

Sec. 5. 1. This act becomes effective upon
passage and approval.

2. Section 3 of this act expires by limitation on the
date on which the provisions of 42 U.S.C. § 654 requiring each state to impose
an annual fee of $25 in the case of a person who has never received assistance
pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and
for whom the State has collected $500 or more of support are repealed by the
Congress of the United States.

________

CHAPTER 307, AB 580

Assembly Bill No.
580Committee on Transportation

CHAPTER 307

AN ACT
relating to motor vehicles; abolishing the Account for Regulation of Salvage
Pools, Automobile Wreckers, Body Shops and Garages in the State General Fund;
requiring that certain fees and administrative fines collected for licenses and
titles relating to salvage pools, automobile wreckers, body shops and garages
be deposited with the State Treasurer for credit to the Motor Vehicle Fund;
creating the Revolving Account for the Issuance of Salvage Titles in the Motor
Vehicle Fund; and providing other matters properly relating thereto.

[Approved: June 2,
2007]

Legislative Counsels Digest:

Existing law requires that certain fees and
administrative fines collected pursuant to chapter 487 of NRS be deposited with
the State Treasurer for credit to the Account for Regulation of Salvage Pools,
Automobile Wreckers, Body Shops and Garages in the State General Fund. (NRS
487.070, 487.080, 487.450, 487.475, 487.560, 487.630, 487.810, 487.990) Section
1 of this bill creates the Revolving Account for the Issuance of Salvage
Titles as a special account in the Motor Vehicle Fund. Section 1
requires that the money in the Account be used by the Department of Motor
Vehicles only to pay the expenses relating to the issuance of salvage titles. Section
5 of this bill abolishes the Account for Regulation of Salvage Pools,
Automobile Wreckers, Body Shops and Garages. Sections 2-9 and 12 of this
bill require that those fees and administrative fines collected be deposited
with the State Treasurer for credit to the Motor Vehicle Fund. Section 11
of this bill requires that the fees collected for the issuance of salvage
titles for motor vehicles be deposited with the State Treasurer for credit to
the Revolving Account.

Section 1. Chapter 487 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. The
Revolving Account for the Issuance of Salvage Titles is hereby created as a
special account in the Motor Vehicle Fund.

2. The
Department shall use the money in the Account only to pay the expenses relating
to the issuance of salvage titles.

3. At
the end of each fiscal year, the State Controller shall transfer from the
Account to the State Highway Fund an amount of money equal to the balance in
the Account which exceeds $50,000.

Sec. 2. NRS 487.070 is hereby amended
to read as follows:

487.070 1. The Department may approve or reject the
application. If the Department receives the statement required pursuant to NRS
487.003 and approves the application, it shall issue to the applicant:

(a) A license containing the applicants name and
address, the name under which the business is to be conducted, the business
address, and a distinguishing number assigned to the applicant.

(b) A card which:

(1) Contains the information specified in
paragraph (a);

(2) Includes a picture of the licensee; and

(3) Clearly identifies the holder of the card
as a licensed automobile wrecker.

2. A licensee may obtain one or two cards for his
business. The Department shall charge a fee of $50 for each card issued. Fees
collected by the Department pursuant to this subsection must be deposited with
the State Treasurer [to the credit of the Account for Regulation of Salvage Pools,
Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

3. A licensee shall post the license in a conspicuous
place clearly visible to the general public at the business address set forth
on the license.

4. A license expires on April 30 of each year.

5. A licensee may renew his license by submitting to
the Department:

(a) A completed application for renewal upon a form
supplied by the Department;

(b) The statement required pursuant to NRS 487.003;
and

(c) The fee for renewal of a license provided in NRS
487.080.

Sec. 3. NRS 487.070 is hereby amended
to read as follows:

487.070 1. The Department may approve or reject the
application and, if approved, shall issue to the applicant:

(a) A license containing the applicants name and
address, the name under which the business is to be conducted, the business
address, and a distinguishing number assigned to the applicant.

(b) A card which:

(1) Contains the information specified in
paragraph (a);

(2) Includes a picture of the licensee; and

(3) Clearly identifies the holder of the card
as a licensed automobile wrecker.

2. A licensee may obtain one or two cards for his
business. The Department shall charge a fee of $50 for each card issued. Fees
collected by the Department pursuant to this subsection must be deposited with
the State Treasurer [to the credit of the Account for
Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages.]

Treasurer [to the credit of the Account for Regulation of Salvage Pools,
Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

3. A licensee shall post the license in a conspicuous
place clearly visible to the general public at the business address set forth
on the license.

4. A license expires on April 30 of each year.

5. A licensee may renew his license by submitting to
the Department:

(a) A completed application for renewal upon a form
supplied by the Department; and

(b) The fee for renewal of a license provided in NRS
487.080.

Sec. 4. NRS 487.080 is hereby amended
to read as follows:

487.080 1. The fee for issuance or renewal of an
automobile wreckers license is $300.

2. Fees collected by the Department pursuant to this section
must be deposited with the State Treasurer [to the credit of the
Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and
Garages.] for
credit to the Motor Vehicle Fund.

Sec. 5. NRS 487.450 is hereby amended
to read as follows:

487.450 1. The Department shall charge and collect a
fee of $300 for the issuance or renewal of a license to operate a salvage pool.

2. Fees collected by the Department pursuant to this
section must be deposited with the State Treasurer [to the credit of the
Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and
Garages which is hereby created in the State General Fund. Money in the Account
may be used only for the administration of NRS 487.002, 487.050 to 487.200,
inclusive, and 487.400 to 487.690, inclusive.] for credit to the Motor Vehicle Fund.

Sec. 6. NRS 487.475 is hereby amended
to read as follows:

487.475 1. A card authorizing a dealer of new or
used motor vehicles or a rebuilder to bid to purchase a vehicle from an
operator of a salvage pool must contain:

(a) The dealers or rebuilders name and signature;

(b) His business name;

(c) His business address;

(d) His business license number issued by the Department;
and

(e) A picture of the dealer or rebuilder.

2. A dealer or rebuilder may obtain one or two cards
for his business. If a dealer obtains two cards for his business, one of the
cards may be issued to a salesman who is an employee of the dealer and who is:

(a) Licensed pursuant to NRS 482.362; and

(b) Acting as an agent for the dealer in the purchase
of a vehicle from an operator of a salvage pool.

3. The Department shall charge a fee of $50 for each
card issued.

4. A card issued pursuant to this section expires on
December 31 of the year in which it was issued. The dealer or rebuilder must
submit to the Department an application for renewal accompanied by a renewal
fee of $25 for each card. The application must be made on a form provided by the
Department and contain such information as the Department requires.

5. Fees collected by the Department pursuant to this
section must be deposited with the State Treasurer [to the credit of the
Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and
Garages.] for
credit to the Motor Vehicle Fund.

487.560 1. On and after January 1, 1998, a garageman
shall register with the Department for authorization to operate a garage.

2. An application for registration must be on a form
provided by the Department. The application must include:

(a) The name of the applicant, including each name
under which he intends to do business;

(b) The complete street address of each location from
which the applicant will be conducting business, including a designation of the
location that will be his principal place of business;

(c) A copy of the business license for each garage
operated by the applicant if the county or city in which the applicant operates
a garage requires such a license;

(d) The type of repair work offered at each garage
operated by the applicant;

(e) The number of mechanics employed at each garage
operated by the applicant;

(f) The statement required by NRS 487.563; and

(g) Any other information required by the Department.

3. Except as otherwise provided in this subsection,
for each garage operated by an applicant, the Department shall charge a fee of
$25 for the issuance or renewal of registration. If an applicant operates more
than one garage, he may file one application if he clearly indicates on the
application the location of each garage operated by the applicant and each
person responsible for the management of each garage. The Department shall
waive the fee for the issuance or renewal of registration for a person that is
licensed as:

(a) An authorized inspection station, authorized
maintenance station or authorized station pursuant to chapter 445B of NRS;

(b) A manufacturer, distributor, dealer or rebuilder
pursuant to chapter 482 of NRS; or

4. All fees collected by the Department pursuant to this section
must be deposited with the State Treasurer [to the credit of the
Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and
Garages.] for
credit to the Motor Vehicle Fund.

5. An applicant for registration or renewal of
registration shall notify the Department of any material change in the
information contained in his application for registration or renewal within 10
days after his knowledge of the change.

Sec. 8. NRS 487.630 is hereby amended
to read as follows:

487.630 1. An application for a license to operate a
body shop must be filed with the Department upon forms supplied by the
Department. The application must include the social security number of the
applicant and be accompanied by such proof as the Department requires to
demonstrate that the applicant meets the statutory requirements to operate a
body shop.

2. The Department shall charge a fee of $300 for the
issuance or renewal of a license to operate a body shop. Fees collected by the
Department pursuant to this subsection must be deposited with the State Treasurer [to the credit of the Account for Regulation of
Salvage Pools, Automobile Wreckers, Body Shops and Garages.]

Treasurer [to the credit of the Account for Regulation of Salvage Pools,
Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

3. Upon receipt of the application and the statement
required pursuant to NRS 487.003 and when satisfied that the applicant is
entitled thereto, the Department shall issue to the applicant a license to
operate a body shop. The license must contain the name and the address of the
body shop and the name of the operator.

4. Upon receipt of the license, the operator shall
post the license in a conspicuous place clearly visible to the general public
in the body shop and include the license number on all estimates and invoices
for repairs.

5. A license expires on April 30 of each year.

6. A licensee may renew his license by submitting to
the Department:

(a) A completed application for renewal upon a form
supplied by the Department;

(b) The statement required pursuant to NRS 487.003;
and

(c) The fee for renewal of a license provided in
subsection 2.

Sec. 9. NRS 487.630 is hereby amended
to read as follows:

487.630 1. An application for a license to operate a
body shop must be filed with the Department upon forms supplied by the
Department. The application must be accompanied by such proof as the Department
requires to demonstrate that the applicant meets the statutory requirements to
operate a body shop.

2. The Department shall charge a fee of $300 for the
issuance or renewal of a license to operate a body shop. Fees collected by the
Department pursuant to this subsection must be deposited with the State
Treasurer [to the credit of the Account for Regulation of Salvage Pools,
Automobile Wreckers, Body Shops and Garages.] for credit to the Motor Vehicle Fund.

3. Upon receipt of the application and when satisfied
that the applicant is entitled thereto, the Department shall issue to the
applicant a license to operate a body shop. The license must contain the name
and the address of the body shop and the name of the operator.

4. Upon receipt of the license, the operator shall
post the license in a conspicuous place clearly visible to the general public
in the body shop and include the license number on all estimates and invoices
for repairs.

5. A license expires on April 30 of each year.

6. A licensee may renew his license by submitting to
the Department:

(a) A completed application for renewal upon a form
supplied by the Department; and

(b) The fee for renewal of a license provided in
subsection 2.

Sec. 10. NRS 487.710 is hereby amended
to read as follows:

487.710 As used in NRS 487.710 to 487.890, inclusive, and section 1 of this act,
unless the context otherwise requires, the words and terms defined in NRS
487.720 to 487.790, inclusive, have the meanings ascribed to them in those
sections.

Sec. 11. NRS 487.810 is hereby amended
to read as follows:

487.810 1. The state agency may issue a salvage
title for a vehicle, which contains a brief description of the vehicle,
including, insofar as data may exist with respect to the vehicle, the make,
type, serial number and motor number, or any other number of the vehicle, upon
application, to:

(c) An insurance company that acquires the vehicle as
a salvage vehicle pursuant to subsection 1 of NRS 487.800; or

(d) A lienholder who acquires title to the vehicle.

2. A properly endorsed title, together with a
disclosure of mileage, as required pursuant to the provisions of 49 U.S.C. §§
32701 et seq. and 49 C.F.R. § 580.5, must be submitted with the application for
salvage title.

3. Within 2 days after receiving all necessary
documents, the state agency shall issue a salvage title for the vehicle.

4. Except as otherwise provided in this subsection,
the state agency shall charge and collect a fee of $10 for the issuance of a
salvage title pursuant to this section. The state agency shall not charge a fee
for the issuance of a salvage title to an automobile wrecker licensed in this
State. Fees collected by the state agency pursuant to this subsection must be
deposited with the State Treasurer for credit to the [Account for Regulation of
Salvage Pools, Automobile Wreckers, Body Shops and Garages created by NRS
487.450.]
Revolving Account for the Issuance of Salvage Titles created by section 1 of
this act.

5. Ownership interest in a salvage vehicle may not be
transferred unless a salvage title has been issued by the state agency for the
vehicle.

6. Possession of a salvage title does not entitle a
person to dismantle, scrap, process or wreck any vehicle in this State unless
the person holds a license issued pursuant to NRS 487.050.

7. The Department shall not issue a salvage title for
a nonrepairable vehicle.

Sec. 12. NRS 487.990 is hereby amended
to read as follows:

487.990 1. The Department may impose an
administrative fine, not to exceed $2,500, for a violation of any provision of
this chapter, or any rule, regulation or order adopted or issued pursuant
thereto. The Department shall afford to any person so fined an opportunity for
a hearing pursuant to the provisions of NRS 233B.121.

2. Except as otherwise provided in subsection 3, all
administrative fines collected by the Department pursuant to subsection 1 must
be deposited with the State Treasurer for credit to the State General Fund.

3. The Department may delegate to a hearing officer
or panel its authority to impose and collect administrative fines pursuant to
subsection 1 and deposit the money collected with the State Treasurer for
credit to the [Account for Regulation of Salvage Pools, Automobile Wreckers,
Body Shops and Garages.] Motor Vehicle Fund.

4. In addition to any other remedy provided by this
chapter, the Department may compel compliance with any provision of this
chapter and any rule, regulation or order adopted or issued pursuant thereto,
by injunction or other appropriate remedy and the Department may institute and
maintain in the name of the State of Nevada any such enforcement proceedings.

Sec. 13. The State Controller shall, as soon
as practicable on or after July 1, 2007, transfer to the Motor Vehicle Fund created by NRS 482.180 all money in the Account for Regulation of Salvage Pools,
Automobile Wreckers, Body Shops and Garages created by NRS 487.450.

Sec. 14. 1. This section and sections 1, 2, 4
to 8, inclusive, and 10 to 13, inclusive, of this act become effective on July 1, 2007.

2. Sections 2 and 8 of this act expire by limitation
on the date on which the provisions of 42 U.S.C. § 666 requiring each state to
establish procedures under which the state has authority to withhold or
suspend, or to restrict the use of professional, occupational and recreational
licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of
one or more children,

Κ are
repealed by the Congress of the United States.

3. Sections 3 and 9 of this act become effective on
the date on which the provisions of 42 U.S.C. § 666 requiring each state to
establish procedures under which the state has authority to withhold or
suspend, or to restrict the use of professional, occupational and recreational
licenses of persons who:

(a) Have failed to comply with a subpoena or warrant
relating to a procedure to determine the paternity of a child or to establish
or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of
one or more children,

Κ are
repealed by the Congress of the United States.

________

CHAPTER 308, AB 612

Assembly
Bill No. 612Committee on Ways and Means

CHAPTER 308

AN ACT relating to public employees; revising the provisions governing
the selection of plans for the use of the participants in the Public Employees
Deferred Compensation Program; and providing other matters properly relating
thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Under existing law,
the Public Employees Deferred Compensation Program for employees of the State
or the Nevada System of Higher Education is administered by a Committee appointed
by the Governor. (NRS 287.325) The Committee and its individual members are
immune from civil liability if the Committee solicits proposals from qualified
providers of plans at least once every 5 years and selects at least two plans
from separate and distinct providers from which the participants in the Program
may choose. (NRS 287.330) This bill authorizes the Committee to select only one
plan for the use of the participants in the Program and still maintain its
immunity from civil liability.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 287.330 is hereby amended to read as
follows:

287.330 1. The Committee shall:

(a) At its first meeting each year, designate one of
its members to serve as Chairman of the Committee for a term of 1 year or until
his successor has been designated.

(b) Act in such a manner as to promote the collective
best interests of the participants in the Program.

(a) Create an appropriate account for administration
of money and other assets resulting from compensation deferred pursuant to the
Program.

(b) With the approval of the Governor, delegate to one
or more state agencies or institutions of the Nevada System of Higher Education
the responsibility for administering the Program for their respective
employees, including:

(1) Collection of deferred compensation;

(2) Transmittal of money collected to
depositories within the State designated by the Committee; and

(3) Payment of deferred compensation to
participating employees.

(c) Contract with a private person, corporation,
institution or other entity, directly or through a state agency or institution
of the Nevada System of Higher Education, for services necessary to the
administration of the plan, including, without limitation:

(1) Consolidated billing;

(2) The keeping of records for each
participating employee and the Program;

(3) The purchase, control and safeguarding of
assets;

(4) Programs for communication with employees;
and

(5) The administration and coordination of the
Program.

3. The Committee and its individual members are not
liable for any decision relating to investments if the Committee has:

(a) Obtained the advice of qualified counsel on
investments.

(b) Established proper objectives and policies
relating to investments.

(c) Discharged its duties regarding the decision:

(1) Solely in the interest of the participants
in the Program; and

(2) With the care, skill, prudence and
diligence that, under the circumstances existing at the time of the decision, a
prudent person who is familiar with similar investments would use while acting
in a similar capacity in conducting an enterprise of similar character and
purpose.

(d) Selected at least one plan for the use of the participants in the Program,
except that if the Committee has selected two or more plans from which the participants in the
Program may choose, the Committee has selected the plans from
separate and distinct providers .[from which the participants in the Program may choose.]

(e) Solicited proposals from qualified providers of
plans at least once every 5 years.

Sec. 2. This act becomes effective on July 1,
2007.

________

κ2007
Statutes of Nevada, Page 1238κ

CHAPTER 309, AB 249

Assembly
Bill No. 249Committee on Commerce and Labor

CHAPTER 309

AN ACT relating to dispensing opticians; requiring the Board of
Dispensing Opticians to adopt minimum standards for eyewear and certain devices
dispensed by a dispensing optician; authorizing any member of the Board to
issue subpoenas to compel the production of books, papers and documents;
revising provisions governing the reinstatement of an expired license or
limited license; authorizing the Board to impose an administrative fine against
a person who engages in ophthalmic dispensing without a license; and providing other
matters properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Existing law
authorizes the Board of Dispensing Opticians to regulate the practice of
ophthalmic dispensing. (Chapter 637 of NRS) Section 1.3 of this bill
requires the Board to adopt minimum standards for eyewear and certain optical
and ophthalmic devices dispensed by a dispensing optician. The standards must
be consistent with the minimum standards of quality approved by the American
National Standards Institute. Section 6 of this bill provides that a
dispensing optician may be disciplined by the Board for dispensing, without
proper verification, such eyewear or devices that do not meet the minimum
standards adopted by the Board. Section 1.7 of this bill provides that
the expiration date of a prescription which is received by a dispensing
optician is 2 years after the date the prescription was issued unless the
practitioner who wrote the prescription indicates a different period.

Existing law
authorizes any member of the Board to issue subpoenas to compel the attendance
of a witness to testify before the Board. (NRS 637.040) Section 2 of
this bill authorizes any member of the Board to issue subpoenas to compel the
production of books, papers and documents.

Existing law
authorizes the Board to renew an expired license or limited license to practice
ophthalmic dispensing. (NRS 637.121, 637.140) Sections 3 and 5 of this
bill provide that the Board may only renew an expired license or limited
license if the license or limited license has been expired for 2 years or less.

Existing law
authorizes the Board to issue a cease and desist order to a person practicing
ophthalmic dispensing without a license. If the person does not comply with the
cease and desist order within 30 days, the Board shall impose an administrative
fine of up to $10,000 against the person. (NRS 637.181) Section 7 of
this bill authorizes the Board to impose an administrative fine against a
person practicing ophthalmic dispensing without a license without regard to
whether or not the person failed to comply with a cease and desist order.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
637 of NRS is hereby amended by adding thereto the provisions set forth as
sections 1.3 and 1.7 of this act.

2. The
standards adopted by the Board must be consistent with the minimum standards of
quality approved by the American National Standards Institute.

Sec. 1.7. A prescription received by a dispensing optician shall be
deemed to have an expiration date of 2 years after the date the prescription
was issued unless the practitioner who wrote the prescription includes on the
prescription a different period.

Sec. 2. NRS 637.040 is hereby amended
to read as follows:

637.040 1. The Board shall elect a President, Vice
President, Secretary and Treasurer from its membership.

2. Any member of the Board may:

(a) Issue subpoenas to compel the attendance of witnesses to testify before
the Board[.]or the production of books, papers
and documents. Subpoenas must issue under the seal of the Board
and must be served in the same manner as subpoenas issued out of the district
court.

(b) Administer oaths in taking testimony in any matter
pertaining to the duties of the Board.

Sec. 3. NRS 637.121 is hereby amended
to read as follows:

637.121 1. Except as otherwise provided in this
section, a limited license as a dispensing optician authorizes the licensee to
engage in the practice of ophthalmic dispensing pursuant to this chapter.

2. Only a person who is deemed to hold an active,
inactive or delinquent limited license as a dispensing optician on February 1,
2004, may hold a limited license as a dispensing optician. A limited license as
a dispensing optician may not be issued to any other person.

(a) Except as otherwise provided in this section, is
subject to the provisions of this chapter in the same manner as a person
practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS
637.120, including, without limitation, the provisions of this chapter governing
the renewal or reactivation of a license; and

(b) Shall not sell, furnish or fit contact lenses.

4. A limited license as a dispensing optician:

(a) Expires on January 31 of each year.

(b) May be renewed before its expiration upon:

(1) Presentation of proof of completion of the
continuing education required by this section; and

(2) Payment of a renewal fee set by the Board
of not more than $200.

(c) Except as otherwise provided in subsection 5, is
delinquent if it is not renewed before January 31 of each year. [Such]Not later than 2 years after the
expiration of a limited license, a delinquent limited license may
be reinstated, at the discretion of the Board, upon payment of each applicable
annual renewal fee in addition to the annual delinquency fee set by the Board
of not more than $500.

5. Upon written request to the Board, and payment of
a fee not to exceed $300, a licensee in good standing may have his name and
limited license as a dispensing optician transferred to an inactive list. Such
a licensee shall not practice ophthalmic dispensing during the time the limited
license is inactive. If an inactive licensee [desires]wishes to resume the
practice of ophthalmic dispensing as limited by this section, the Board shall
reactivate the limited license upon:

(a) If deemed necessary by the Board, the
demonstration by the licensee that the licensee is then qualified and competent
to practice;

(b) The completion of an application; and

(c) Payment of the renewal fee set by the Board
pursuant to subsection 4.

6. To reactivate a limited license as a dispensing
optician pursuant to subsection 5, an inactive licensee is not required to pay
the delinquency fee and the renewal fee for any year while the license was
inactive.

7. Except as otherwise provided in subsection 8, each
person with a limited license as a dispensing optician must complete courses of
continuing education in ophthalmic dispensing each year. Such continuing
education must:

(a) Encompass such subjects as are established by
regulations of the Board.

(b) Consist of a minimum of 12 hours for a period of
12 months.

8. A person with a limited license as a dispensing
optician who is on active military service is exempt from the requirements of
subsection 7.

9. The Board shall adopt any other regulations it determines are necessary to carry out the
provisions of this section.

Sec. 4. (Deleted
by amendment.)

Sec. 5. NRS 637.140 is hereby amended
to read as follows:

637.140 1. A license as a dispensing optician issued
under the provisions of this chapter expires on January 31 of each year.

2. A license may be renewed before its expiration
upon:

(a) Presentation of proof of completion of the
continuing education required by NRS 637.135; and

(b) Payment of a renewal fee set by the Board of not
more than $500.

3. Except as otherwise provided in subsection 4, any
license which is not renewed before January 31 of each year shall be deemed
delinquent. [A]Not later than 2 years after the expiration of a license, a delinquent
license may be reinstated, at the discretion of the Board, upon payment of each
applicable annual renewal fee in addition to the annual delinquency fee set by
the Board of not more than $500.

4. Upon written request to the Board, and payment of
a fee not to exceed $300, a licensee in good standing may have his name and
license transferred to an inactive list. Such a licensee shall not practice
ophthalmic dispensing during the time the license is inactive. If an inactive
licensee desires to resume the practice of ophthalmic dispensing, the Board
shall reactivate the license upon the:

(a) Demonstration , if deemed necessary by the Board , that the licensee is
then qualified and competent to practice;

(b) Completion of an application; and

(c) Payment of the renewal fee set by the Board
pursuant to subsection 2.

Κ Payment of
the delinquency fee and the renewal fee for any year while the license was
inactive is not required.

Sec. 6. NRS 637.150 is hereby amended
to read as follows:

637.150 1. Upon proof by substantial evidence that
an applicant or holder of a license:

(a) Has been adjudicated insane;

(b) Habitually uses any controlled substance or
intoxicant;

(c) Has been convicted of a crime involving moral
turpitude;

(d) Has been convicted of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,
inclusive;

(e) Has advertised in any manner which would tend to
deceive, defraud or mislead the public;

(f) Has presented to the Board any diploma, license or
certificate that has been signed or issued unlawfully or under fraudulent
representations, or obtains or has obtained a license to practice in the State
through fraud of any kind;

(g) Has been convicted of a violation of any federal
or state law relating to a controlled substance;

(h) Has,
without proper verification, dispensed a lens, frame, specially fabricated
optical device or
other ophthalmic device that does not satisfy the minimum standards established
by the Board pursuant to section 1.3 of this act;

(i) Has
violated any regulation of the Board;

[(i)](j) Has violated any provision of this
chapter;

[(j)](k) Is incompetent;

[(k)](l) Is guilty of unethical or unprofessional
conduct as determined by the Board;

[(l)](m) Is guilty of repeated malpractice, which
may be evidenced by claims of malpractice settled against a practitioner; or

[(m)](n) Is guilty of a fraudulent or deceptive
practice as determined by the Board,

Κ the Board
may, in the case of an applicant, refuse to grant him a license, or may, in the
case of a holder of a license, place him on probation, reprimand him publicly,
require him to pay an administrative fine of not more than $10,000, suspend or
revoke his license, or take any combination of these disciplinary actions.

2. The Board shall not privately reprimand a holder
of a license.

3. An order that imposes discipline and the findings
of fact and conclusions of law supporting that order are public records.

Sec. 7. NRS 637.181 is hereby amended
to read as follows:

637.181 Notwithstanding the provisions of chapter
622A of NRS:

1. The Board shall conduct an investigation if it
receives a complaint that sets forth reason to believe that a person, without
the proper license, is engaging in an activity for which a license is required
pursuant to this chapter. The complaint must be:

(a) Made in writing; and

(b) Signed and verified by the person filing the
complaint.

2. If the Board determines that a person, without the
proper license, is engaging in an activity for which a license is required
pursuant to this chapter, the Board [shall]:

(a) Shall
issue and serve on the person an order to cease and desist from engaging in the
activity until such time as the person obtains the proper license from the
Board.

[3. If a person upon whom an order to cease and desist is
served does not comply with the order within 30 days after service, the Board
shall,]

(b) May, after
notice and opportunity for a hearing, impose upon the person an administrative
fine of not more than $10,000. The imposition of an administrative fine is a
final decision for the purposes of judicial review.

[4.]3. An administrative fine imposed pursuant to
this section is in addition to any other penalty provided in this chapter.

637.190 1. The district court in the county in which
any hearing is being conducted by the Board may compel the attendance of
witnesses, the giving of testimony and the production of books ,[and]
papers or documents as
required by any subpoena issued by the Board.

2. If any witness refuses to attend or testify or produce
any books, papers or documents required by
such a subpoena, the
Board may report to the district court for the county in which the hearing is
pending by petition, setting forth:

(a) That due notice has been given of the time and
place of attendance of the witness or the production of the books [and
papers;] ,
papers or documents;

(b) That the witness has been subpoenaed in the manner
prescribed in NRS 637.040; and

(c) That the witness has failed and refused to attend
or produce the books, papers
or documents required
by subpoena before the Board in the hearing named in the subpoena, or has
refused to answer questions propounded to him in the course of [such]the hearing,

Κ and asking
an order of the court compelling the witness to attend and testify or produce
the books ,[or]
papers or documents before
the Board.

3. The court, upon petition of the Board, shall enter
an order directing the witness to appear before the court at a time and place
to be fixed by the court in [such]the order, the time to be not more than 10
days [from]after the date of the order, and then and
there show cause why he has not attended or testified or produced the books ,[or]
papers or documents before
the Board. A certified copy of the order must be served upon the witness. If it
appears to the court that the subpoena was regularly issued by the Board, the
court may thereupon enter an order that the witness appear before the Board at
the time and place fixed in the order and testify or produce the required books
[or papers,], papers or documents and upon failure to obey
the order the witness shall be dealt with as for contempt of court.

AN ACT relating to motor vehicles; exempting replica vehicles from
inspection requirements for the control of emissions; and providing other
matters properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Section 1 of
this bill provides that the Department of Motor Vehicles may not register more
than 100 replica vehicles per year. Existing law exempts military tactical
vehicles from the inspection requirements required by chapter 445B of NRS. (NRS
445B.759) Section 3 of this bill defines replica vehicles and expands
the exemption to apply to replica vehicles as well.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The
Department may not issue a certificate of registration for more than 100
replica vehicles each year. The fact that the vehicle is to be registered as a
replica vehicle must be stated in the application for registration.

2. For
purposes of this section, replica vehicle has the meaning ascribed to it in
NRS 445B.759.

Sec. 2. NRS 445B.759 is hereby amended
to read as follows:

445B.759 1. The provisions of NRS 445B.700 to
445B.845, inclusive, do not apply to[military]:

(a) Military
tactical vehicles[.] ; or

(b) Replica
vehicles.

2. As used in this section[, military tactical
vehicle]:

(a) Military
tactical vehicle means a motor vehicle that is:

[(a)](1) Owned or controlled by the United States
Department of Defense or by a branch of the Armed Forces of the United States; and

[(b)](2) Used in combat, combat support, combat
service support, tactical or relief operations, or training for such
operations.

Κ The term does not include a
vehicle which has been restored to its original design by replacing parts.

Sec. 3. This act becomes effective on July 1,
2007.

________

CHAPTER 311, AB 322

Assembly
Bill No. 322Assemblywoman Gansert

CHAPTER 311

AN ACT relating to elections; revising the reporting requirements for
contributions and expenditures for certain persons or groups of persons who
advocate the passage or defeat of ballot questions; making various changes
relating to elections and petitions for initiative or referendum; and providing
other matters properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Under existing law,
persons and groups of persons who either advocate the passage or defeat of
ballot questions, or who initiate or circulate petitions for constitutional
amendments or statewide measures and who receive money in excess of $10,000 to support
such initiation or circulation, are required to report certain campaign
contributions and expenditures. (NRS 294A.150, 294A.220) Sections 2 and 3
of this bill provide that the $10,000 threshold applies to both persons or
groups of persons initiating or circulating petitions and to persons or groups
of persons advocating the passage or defeat of ballot questions.

Section 4 of
this bill provides that if a petition for initiative or referendum is amended
after it is placed on file with the Secretary of State: (1) an amended copy of
the petition must be placed on file with the Secretary of State; (2) any
signatures that were collected on the original petition before it was amended
are not valid; and (3) the revised petition must be submitted not later than
the third Tuesday in May of an even-numbered year.

Section 5 of
this bill provides that a petition may be challenged in the First Judicial
District Court on the basis that the petition violates the single subject rule,
not later than 30 days, Saturdays, Sundays and holidays excluded, after a copy
of the petition is placed on file with the Secretary of State. Section 5
also provides that a description of the effect of an initiative or referendum
that is successfully challenged and amended in compliance with a court order
may not be further challenged.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. NRS
294A.150 is hereby amended to read as follows:

294A.150 1. Every [person] :

(a) Person
or group of persons organized formally or informally who advocates the passage
or defeat of a question or group of questions on the ballot at a primary
election, primary city election, general election or general city election and who receives or expends money in an
amount in excess of $10,000 to advocate the passage or defeat of such question
or group of questions; and [every person]

(b) Person
or group of persons who initiates or circulates a petition for a
constitutional amendment or a petition for a statewide measure proposed by an
initiative or a referendum and who receives or expends money in an amount in
excess of $10,000 to support such initiation or circulation ,

Κshall,
not later than January 15 of each year that the provisions of this subsection
apply to the person or group of persons, for the period from January 1 of the
previous year through December 31 of the previous year, report each campaign
contribution in excess of $100 received during that period and contributions
received during the period from a contributor which cumulatively exceed $100.
The report must be completed on the form designed and provided by the Secretary
of State pursuant to NRS 294A.373. The form must be signed by the person or a
representative of the group under penalty of perjury.

2. The
provisions of [this] subsection 1 apply to the person or group of persons:

(a) Each year in which [an] :

(1)
An election or city election is held for each question for which
the person or group advocates passage or defeat ;[oreach year in which a]

(2)
A person or group of persons receives or
expends money in excess of $10,000 to advocate the passage or defeat of a
question or group of questions on the ballot at a primary election, primary
city election, general election or general city election; or

(3)
A person
or group of persons receives
or expends money in excess of $10,000 to support the initiation or circulation
of a petition for a constitutional amendment or a petition for a statewide
measure proposed by an initiative or a referendum; and

(b) The year after each year described in paragraph
(a).

[2.] 3. If a question is on the ballot at a
primary election or primary city election and the general election or general
city election immediately following that primary election or primary city
election is held on or after January 1 and before the July 1 immediately
following that January 1, every person or group of persons organized formally
or informally who advocates the passage or defeat of the question or a group of
questions that includes the question and who receives or expends money in an amount in excess of
$10,000 to advocate the passage or defeat of such question or group of
questions shall comply with the requirements of this subsection.
If a question is on the ballot at a general election or general city election
held on or after January 1 and before the July 1 immediately following that
January 1, every person or group of persons organized formally or informally
who advocates the passage or defeat of the question or a group of questions
that includes the question and who
receives or expends money in an amount in excess of $10,000 to advocate the
passage or defeat of such question or group of questions shall
comply with the requirements of this subsection. A person or group of persons
described in this subsection shall, not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election;

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or general
city election; and

(c) July 15 of the year of the general election or
general city election, for the period from 11 days before the general election
or general city election through June 30 of that year,

Κ report each
campaign contribution in excess of $100 received during the period and
contributions received during the period from a contributor which cumulatively
exceed $100. The report must be completed on the form designed and provided by
the Secretary of State pursuant to NRS 294A.373 and signed by the person or a
representative of the group under penalty of perjury.

[3.] 4. The name and address of the contributor
and the date on which the contribution was received must be included on the report
for each contribution in excess of $100 and contributions which a contributor
has made cumulatively in excess of that amount since the beginning of the
current reporting period.

[4.] 5. If a question is on the ballot at a
primary election or primary city election and the general election or general
city election immediately following that primary election or primary city
election is held on or after July 1 and before the January 1 immediately
following that July 1, every person or group of persons organized formally or
informally who advocates the passage or defeat of the question or a group of
questions that includes the question and who receives or expends money in an amount in excess of
$10,000 to advocate the passage or defeat of such question or group of
questions shall comply with the requirements of this subsection.
If a question is on the ballot at a general election or general city election
held on or after July 1 and before the January 1 immediately following that
July 1, every person or group of persons organized formally or informally who
advocates the passage or defeat of the question or a group of questions that
includes the question and who
receives or expends money in an amount in excess of $10,000 to advocate the
passage or defeat of such question or group of questions shall
comply with the requirements of this subsection. Every person or group of
persons who initiates or circulates a petition for a constitutional amendment
or a petition for a statewide measure proposed by an initiative or a referendum
and who receives or expends money in an amount in excess of $10,000 to support
such initiation or circulation shall comply with the requirements of this
subsection. A person or group of persons described in this subsection shall,
not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election; and

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or general
city election,

Κ report each
campaign contribution in excess of $100 received during the period and
contributions received during the period from a contributor which cumulatively
exceed $100. The report must be completed on the form designed and provided by
the Secretary of State pursuant to NRS 294A.373. The form must be signed by the
person or a representative of the group under penalty of perjury.

[5.] 6. Except as otherwise provided in
subsection [6,] 7, every person or group of persons organized
formally or informally who advocates the passage or defeat of a question or
group of questions on the ballot at a special election
and who receives or expends money in an amount in excess of $10,000 to advocate
the passage or defeat of such question or group of questions shall, not later
than:

election and
who receives or expends money in an amount in excess of $10,000 to advocate the
passage or defeat of such question or group of questions shall,
not later than:

(a) Seven days before the special election, for the
period from the date that the question qualified for the ballot through 12 days
before the special election; and

(b) Thirty days after the special election, for the
remaining period through the special election,

Κ report each
campaign contribution in excess of $100 received during the period and
contributions received during the period from a contributor which cumulatively
exceed $100. The report must be completed on the form designed and provided by
the Secretary of State pursuant to NRS 294A.373. The form must be signed by the
person or a representative of the group under penalty of perjury.

[6.] 7. Every person or group of persons
organized formally or informally who advocates the passage or defeat of a
question or group of questions on the ballot at a special election to determine
whether a public officer will be recalled and who receives or expends money in an amount in excess of
$10,000 to advocate the passage or defeat of such question or group of
questions shall report each of the contributions received on the
form designed and provided by the Secretary of State pursuant to NRS 294A.373
and signed by the person or a representative of the group under penalty of
perjury, 30 days after:

(a) The special election, for the period from the
filing of the notice of intent to circulate the petition for recall through the
special election; or

(b) If the special election is not held because a
district court determines that the petition for recall is legally insufficient
pursuant to subsection 5 of NRS 306.040, for the period from the filing of the
notice of intent to circulate the petition for recall through the date of the
district courts decision.

[7.] 8. The reports required pursuant to this
section must be filed with:

(a) If the question is submitted to the voters of one
county, the county clerk of that county;

(b) If the question is submitted to the voters of one
city, the city clerk of that city; or

(c) If the question is submitted to the voters of more
than one county or city, the Secretary of State.

[8.] 9. A person may mail or transmit his report
to the appropriate officer by regular mail, certified mail, facsimile machine
or electronic means. A report shall be deemed to be filed with the officer:

(a) On the date that it was mailed if it was sent by
certified mail; or

(b) On the date that it was received by the officer if
the report was sent by regular mail, transmitted by facsimile machine or
electronic means, or delivered personally.

[9.] 10. If the person or group of persons is
advocating passage or defeat of a group of questions or is receiving or
expending money to support a group of petitions for constitutional amendments,
a group of petitions for statewide measures proposed by initiative or
referendum or a group of petitions for both constitutional amendments and
statewide measures proposed by initiative or referendum, the reports must be
itemized by question or petition.

[10.] 11. Each county clerk or city clerk who
receives a report pursuant to this section shall file a copy of the report with
the Secretary of State within 10 working days after he receives the report.

Sec. 3. NRS 294A.220 is hereby amended
to read as follows:

294A.220 1. Every [person] :

(a) Person
or group of persons organized formally or informally who advocates the passage
or defeat of a question or group of questions on the ballot at a primary
election, primary city election, general election or general city election and who receives or expends money in an
amount in excess of $10,000 to advocate the passage or defeat of such question
or group of questions; and [every person]

(b) Person
or group of persons who initiates or circulates a petition for a
constitutional amendment or a petition for a statewide measure proposed by an
initiative or a referendum and who receives or expends money in an amount in
excess of $10,000 to support such initiation or circulation ,

Κshall,
not later than January 15 of each year that the provisions of this subsection
apply to the person or group of persons, for the period from January 1 of the
previous year through December 31 of the previous year, report each expenditure
made during the period on behalf of or against the question, the group of
questions or a question in the group of questions on the ballot in excess of
$100 on the form designed and provided by the Secretary of State pursuant to
NRS 294A.373. The form must be signed by the person or a representative of the
group under penalty of perjury.

2. The
provisions of [this] subsection 1 apply to the person or group of persons:

(a) Each year in which [an] :

(1)
An election or city election is held for a question for which the
person or group advocates passage or defeat ;[oreach year in which a]

(2)
A person or group of persons receives or
expends money in excess of $10,000 to advocate the passage or defeat of a
question or group of questions on the ballot at a primary election, primary
city election, general election or general city election; or

(3)
A person
or group of persons receives or expends money in excess of $10,000 to support
the initiation or circulation of a petition for a constitutional amendment or a
petition for a statewide measure proposed by an initiative or a referendum; and

(b) The year after each year described in paragraph
(a).

[2.] 3. If a question is on the ballot at a
primary election or primary city election and the general election or general
city election immediately following that primary election or primary city
election is held on or after January 1 and before the July 1 immediately
following that January 1, every person or group of persons organized formally
or informally who advocates the passage or defeat of the question or a group of
questions that includes the question and who receives or expends money in an amount in excess of
$10,000 to advocate the passage or defeat of such question or group of
questions shall comply with the requirements of this subsection.
If a question is on the ballot at a general election or general city election
held on or after January 1 and before the July 1 immediately following that
January 1, every person or group of persons organized formally or informally
who advocates the passage or defeat of the question or a group of questions
that includes the question and who
receives or expends money in an amount in excess of $10,000 to advocate the
passage or defeat of such question or group of questions shall comply with the requirements of this
subsection.

questions shall
comply with the requirements of this subsection. A person or group of persons
described in this subsection shall, not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election;

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or general
city election; and

(c) July 15 of the year of the general election or
general city election, for the period from 11 days before the general election
or general city election through the June 30 immediately preceding that July
15,

Κ report each
expenditure made during the period on behalf of or against the question, the
group of questions or a question in the group of questions on the ballot in
excess of $100 on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373 and signed by the person or a representative of the
group under penalty of perjury.

[3.] 4. If a question is on the ballot at a
primary election or primary city election and the general election or general
city election immediately following that primary election or primary city
election is held on or after July 1 and before the January 1 immediately
following that July 1, every person or group of persons organized formally or
informally who advocates the passage or defeat of the question or a group of
questions that includes the question and who receives or expends money in an amount in excess of
$10,000 to advocate the passage or defeat of such question or group of questions
shall comply with the requirements of this subsection. If a
question is on the ballot at a general election or general city election held
on or after July 1 and before the January 1 immediately following that July 1,
every person or group of persons organized formally or informally who advocates
the passage or defeat of the question or a group of questions that includes the
question and who receives or
expends money in an amount in excess of $10,000 to advocate the passage or
defeat of such question or group of questions shall comply with
the requirements of this subsection. Every person or group of persons who
initiates or circulates a petition for a constitutional amendment or a petition
for a statewide measure proposed by an initiative or a referendum and who
receives or expends money in an amount in excess of $10,000 to support such
initiation or circulation shall comply with the requirements of this
subsection. A person or group of persons described in this subsection shall,
not later than:

(a) Seven days before the primary election or primary
city election, for the period from the January 1 immediately preceding the
primary election or primary city election through 12 days before the primary
election or primary city election; and

(b) Seven days before the general election or general
city election, for the period from 11 days before the primary election or
primary city election through 12 days before the general election or general
city election,

Κ report each
expenditure made during the period on behalf of or against the question, the
group of questions or a question in the group of questions on the ballot in
excess of $100 on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373. The form must be signed by the person or a
representative of the group under penalty of perjury.

[4.] 5. Except as otherwise provided in
subsection [5,] 6, every person or group of persons organized
formally or informally who advocates the passage or defeat of a question or
group of questions on the ballot at a special election shall, not later than:

(a) Seven days before the special election, for the period
from the date the question qualified for the ballot through 12 days before the
special election; and

(b) Thirty days after the special election, for the
remaining period through the special election,

Κ report each
expenditure made during the period on behalf of or against the question, the
group of questions or a question in the group of questions on the ballot in
excess of $100 on the form designed and provided by the Secretary of State
pursuant to NRS 294A.373. The form must be signed by the person or a
representative of the group under penalty of perjury.

[5.] 6. Every person or group of persons
organized formally or informally who advocates the passage or defeat of a
question or group of questions on the ballot at a special election to determine
whether a public officer will be recalled and who receives or expends money in an amount in excess of
$10,000 to advocate the passage or defeat of such question or group of
questions shall list each expenditure made during the period on
behalf of or against the question, the group of questions or a question in the
group of questions on the ballot in excess of $100 on the form designed and
provided by the Secretary of State pursuant to NRS 294A.373 and signed by the
person or a representative of the group under penalty of perjury, 30 days
after:

(a) The special election, for the period from the
filing of the notice of intent to circulate the petition for recall through the
special election; or

(b) If the special election is not held because a
district court determines that the petition for recall is legally insufficient
pursuant to subsection 5 of NRS 306.040, for the period from the filing of the
notice of intent to circulate the petition for recall through the date of the
district courts decision.

[6.] 7. Expenditures made within the State or
made elsewhere but for use within the State, including expenditures made
outside the State for printing, television and radio broadcasting or other
production of the media, must be included in the report.

[7.] 8. The reports required pursuant to this
section must be filed with:

(a) If the question is submitted to the voters of one
county, the county clerk of that county;

(b) If the question is submitted to the voters of one
city, the city clerk of that city; or

(c) If the question is submitted to the voters of more
than one county or city, the Secretary of State.

[8.] 9. If an expenditure is made on behalf of a
group of questions or a group of petitions for constitutional amendments, a
group of petitions for statewide measures proposed by initiative or referendum
or a group of petitions for both constitutional amendments and statewide
measures proposed by initiative or referendum, the reports must be itemized by
question or petition. A person may mail or transmit his report to the
appropriate filing officer by regular mail, certified mail, facsimile machine
or electronic means. A report shall be deemed to be filed with the filing
officer:

(a) On the date that it was mailed if it was sent by
certified mail; or

(b) On the date that it was received by the filing
officer if the report was sent by regular mail, transmitted by facsimile
machine or electronic means, or delivered personally.

[9.] 10. Each county clerk or city clerk who
receives a report pursuant to this section shall file a copy of the report with
the Secretary of State within 10 working days after he receives the report.

Sec. 4. NRS 295.015 is hereby amended
to read as follows:

295.015 1. Before a petition for initiative or
referendum may be presented to the registered voters for their signatures, a
copy of the petition for initiative or referendum, including the description
required pursuant to NRS 295.009, must be placed on file with the Secretary of
State.

2. If a petition for initiative or referendum
or a description of the effect of an initiative or referendum required pursuant
to NRS 295.009 is amended after the petition is placed on file with the
Secretary of State pursuant to subsection 1:

(a) The
revised petition must be placed on file with the Secretary of State before it
is presented to the registered voters for their signatures;

(b) Any
signatures that were collected on the original petition before it was amended
are not valid; and

(c) The
requirements for submission of the petition to each county clerk set forth in
NRS 295.056 apply to the revised petition.

3. Upon receipt of a
petition for initiative or referendum placed on file pursuant to subsection 1[,]or 2, the Secretary of
State shall consult with the Fiscal Analysis Division of the Legislative
Counsel Bureau to determine if the initiative or referendum may have any
anticipated financial effect on the State or local governments if the
initiative or referendum is approved by the voters. If the Fiscal Analysis
Division determines that the initiative or referendum may have an anticipated
financial effect on the State or local governments if the initiative or
referendum is approved by the voters, the Division must prepare a fiscal note
that includes an explanation of any such effect.

[3.]4. Not later than 10 business days after the
Secretary of State receives a petition for initiative or referendum filed
pursuant to subsection 1[,]or 2, the Secretary
of State shall post a copy of the petition, including the description required
pursuant to NRS 295.009 and any fiscal note prepared pursuant to subsection [2,] 3, on his Internet
website.

Sec. 5. NRS 295.061 is hereby amended
to read as follows:

295.061 1. [The]Except as otherwise provided in
subsection 3, whether an initiative or referendum embraces but one subject and
matters necessarily connected therewith and pertaining thereto, and the description
of the effect of an initiative or referendum required pursuant to NRS 295.009 , may be challenged by
filing a complaint in the First Judicial District Court not later than 30 days,
Saturdays, Sundays and holidays excluded, after a copy of the petition is [initially]
placed on file with the Secretary of State pursuant to NRS 295.015. All
affidavits and documents in support of the challenge must be filed with the
complaint. The court shall set the matter for hearing not later than 30 days after
the complaint is filed and shall give priority to such a complaint over all
criminal proceedings.

2. The legal sufficiency of a petition for initiative
or referendum may be challenged by filing a complaint in district court not
later than 7 days, Saturdays, Sundays and holidays excluded, after the petition
is certified as sufficient by the Secretary of State.

sufficient by the Secretary of State. All affidavits and
documents in support of the challenge must be filed with the complaint. The
court shall set the matter for hearing not later than 30 days after the
complaint is filed and shall give priority to such a complaint over all other
matters pending with the court, except for criminal proceedings.

3. If a
description of the effect of an initiative or referendum required pursuant to
NRS 295.009 is challenged successfully pursuant to subsection 1 and such description
is amended in compliance with the order of the court, the amended description
may not be challenged.

AN ACT relating to water; making various changes to the requirements for
plans and joint plans of water conservation; and providing other matters
properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Existing law
requires each supplier of water to prepare and adopt a plan of water
conservation and sets forth the requirements for such a plan. Suppliers of
water may also adopt joint plans of water conservation with other suppliers of
water. (NRS 540.131, 540.141) Section 3 of this bill requires such plans
to include an estimate of the amount of water that will be conserved each year
as the result of specified conservation measures and an analysis of how the
rates proposed in the plans to be charged for the use of water will maximize
water conservation. Also, section 3 requires the State Engineer to post
plans and joint plans on his Internet website.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
540.011 is hereby amended to read as follows:

540.011 1. The Legislature determines that it is the
policy of the State of Nevada to continue to recognize the critical nature of
the States limited water resources. It is acknowledged that many of the
States surface water resources are committed to existing uses, under existing
water rights, and that in many areas of the State the available groundwater
supplies have been appropriated for current uses. It is the policy of the State
of Nevada to recognize and provide for the protection of these existing water
rights. It is [also] the policy of the State to
encourage efficient and nonwasteful use of these limited supplies. It is also the policy of the State to
encourage suppliers of water to establish prices for the use of water that
maximize water conservation with due consideration to the essential service
needs of customers and the economic burdens on businesses, public services and
low-income households.

2. The Legislature further recognizes the
relationship between the critical nature of the States limited water resources
and the increasing demands placed on these resources as the population of the
State continues to grow.

3. The Legislature further recognizes the
relationship between the quantity of water and the quality of water, and the
necessity to consider both factors simultaneously when planning the uses of
water.

4. The Legislature further recognizes the important
role of water resource planning and that such planning must be based upon
identifying current and future needs for water. The Legislature determines that
the purpose of the States water resource planning is to assist the State, its
local governments and its citizens in developing effective plans for the use of
water.

Sec. 2. NRS 540.131 is hereby amended
to read as follows:

540.131 1. Except as otherwise provided in
subsection 5, each supplier of water which supplies water for municipal,
industrial or domestic purposes shall, on or before July 1, 1992, adopt a plan
of water conservation based on the climate and the living conditions of its
service area in accordance with the provisions of NRS 540.141, and shall update
the plan pursuant to paragraph (c) of subsection 4. The provisions of the plan
must apply only to the suppliers property and its customers. The supplier of
water shall submit the plan to the Section for review by the Section pursuant
to subsection 3.

2. As part of the procedure of adopting a plan, the
supplier of water shall provide an opportunity for any interested person,
including, but not limited to, any private or public entity that supplies water
for municipal, industrial or domestic purposes, to submit written views and
recommendations on the plan.

3. The plan must be reviewed by the Section within 30
days after its submission and approved for compliance with this section and NRS 540.141 before it
is adopted by the supplier of water.

4. The plan:

(a) Must be available for inspection by members of the
public during office hours at the offices of the supplier of water;

(b) May be revised from time to time to reflect the
changing needs and conditions of the service area. Each such revision must be
made available for inspection by members of the public; and

(c) Must be updated every 5 years and comply with the
requirements of this section and NRS 540.141.

5. Suppliers of water:

(a) Who are required to adopt a plan of water
conservation pursuant to this section; and

(b) Whose service areas are located in a common
geographical area,

Κ may adopt
joint plans of water conservation based on the climate and living conditions of
that common geographical area. Such a plan must comply with the requirements of
this section and NRS 540.141.

6. The board of county commissioners of a county, the
governing body of a city and the town board or board of county commissioners
having jurisdiction of the affairs of a town shall:

(a) Adopt any ordinances necessary to carry out a plan
of conservation adopted pursuant to this section which applies to property
within its jurisdiction;

(b) Establish a schedule of fines for the violation of
any ordinances adopted pursuant to this subsection; and

(c) Hire such employees as it deems necessary to
enforce the provisions of any ordinances it adopts pursuant to this subsection.

Sec. 3. NRS 540.141 is hereby amended
to read as follows:

540.141 1. A plan or joint plan of water
conservation submitted to the Section for review must include provisions
relating to:

(a) Methods of public education to:

(1) Increase public awareness of the limited
supply of water in this State and the need to conserve water.

(2) Encourage reduction in the size of lawns
and encourage the use of plants that are adapted to arid and semiarid climates.

(b) Specific conservation measures required to meet
the needs of the service area, including, but not limited to, any conservation
measures required by law.

(c) The management of water to:

(1) Identify and reduce leakage in water
supplies, inaccuracies in water meters and high pressure in water supplies; and

(2) Where applicable, increase the reuse of
effluent.

(d) A contingency plan for drought conditions that
ensures a supply of potable water.

(e) A schedule for carrying out the plan[.] or joint plan.

(f) Measures to evaluate the effectiveness of the plan[.] or joint plan.

(g) For
each conservation measure specified in the plan or joint plan, an estimate of
the amount of water that will be conserved each year as a result of the
adoption of the plan or joint plan, stated in terms of gallons of water per
person per day.

2. A plan or joint plan submitted for review must be
accompanied by an analysis of [the]:

(a) The
feasibility of charging variable rates for the use of water to
encourage the conservation of water.

(b) How
the rates that are proposed to be charged for the use of water in the plan or
joint plan will maximize water conservation, including, without limitation, an
estimate of the manner in which the rates will affect consumption of water.

3. TheSection
shall review any plan or joint plan submitted to it within 30 days after its
submission and approve the plan if it is based on the climate and living
conditions of the service area and complies with the requirements of this
section.

4. The Chief may exempt wholesale water purveyors
from the provisions of this section which do not reasonably apply to wholesale
supply.

5. To
the extent practicable, the State Engineer shall provide on his Internet
website a link to the plans and joint plans that are submitted for review. In
carrying out the provisions of this subsection, the State Engineer is not
responsible for ensuring, and is not liable for failing to ensure, that the
plans and joint plans which are provided on his Internet website are accurate
and current.

________

κ2007
Statutes of Nevada, Page 1255κ

CHAPTER 313, AB 334

Assembly
Bill No. 334Assemblywoman Smith

CHAPTER 313

AN ACT relating to education; creating a school district for charter
schools sponsored by the State Board of Education for federal law purposes;
revising provisions governing the closure of a charter school; clarifying
certain provisions governing the payments of money to a charter school for the
enrollment of certain pupils; revising provisions governing the employment of
administrators for a charter school; and providing other matters properly
relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Under existing law,
the board of trustees of a school district may sponsor charter schools and the
State Board of Education may sponsor charter schools. (NRS 386.515) Section
2 of this bill creates a school district to be designated as the Charter School District for State Board-Sponsored Charter Schools. The School District is
created for the sole purpose of federal law governing charter schools.

Section 3 of
this bill provides that upon closure of a charter school, an administrator of
the charter school shall act as a trustee of certain records during the process
of closure and for 1 year after the date of closure. If an administrator is not
available, the governing body of the charter school shall appoint a qualified
person to perform the duties of trustee.

Under existing law,
a charter school must accept for enrollment in certain classes, if space is
available, children who are otherwise enrolled in a public school or a private
school or homeschooled children. (NRS 386.580) Under existing law, these
children are included in the count of pupils for the purposes of the basic support
guarantee of the State Distributive School Account. (NRS 387.123, 387.1233) Section
5 of this bill clarifies the legislative declaration concerning the
formation of charter schools to provide that the declaration does not preclude
the payment of money to a charter school for the enrollment of these children
in classes at a charter school. (NRS 386.505)

Under existing law,
a charter school may employ administrators for the school who meet certain
eligibility requirements. (NRS 386.590) Section 6 of this bill revises
provisions governing the employment of those administrators and revises the
eligibility requirements.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 386 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 and 3
of this act.

Sec. 2. There is hereby created a school district to be designated
as the Charter School District for State Board-Sponsored Charter Schools. The School District comprises only those charter schools that are sponsored by the State Board.
The State Board is hereby deemed the board of trustees of the School District.
The School District is created for the sole purpose of providing local
educational agency status to the District for purposes of federal law governing
charter schools.

Sec. 3. 1. Except as otherwise provided in subsection 2, if a
charter school ceases to operate voluntarily or upon revocation of its written
charter, the governing body of the charter school shall appoint an administrator of the charter school to act as a trustee during
the process of the closure of the charter school and for 1 year after the date
of closure.

administrator
of the charter school to act as a trustee during the process of the closure of
the charter school and for 1 year after the date of closure. The administrator
shall assume the responsibility for the records of the:

(a) Charter
school;

(b) Employees
of the charter school; and

(c) Pupils
enrolled in the charter school.

2. If
an administrator for the charter school is no longer available to carry out the
duties set forth in subsection 1, the governing body of the charter school
shall appoint a qualified person to assume those duties.

3. The
governing body of the charter school may, to the extent practicable, provide
financial compensation to the administrator or person appointed pursuant to subsection
2 to carry out the provisions of this section.

Sec. 4. NRS 386.500 is hereby amended
to read as follows:

386.500 For the purposes of NRS 386.500 to 386.610,
inclusive, and sections 2 and 3 of
this act, a pupil is at risk if he has an economic or academic
disadvantage such that he requires special services and assistance to enable
him to succeed in educational programs. The term includes, without limitation,
pupils who are members of economically disadvantaged families, pupils who are
limited English proficient, pupils who are at risk of dropping out of high
school and pupils who do not meet minimum standards of academic proficiency.
The term does not include a pupil with a disability.

Sec. 5. NRS 386.505 is hereby amended
to read as follows:

386.505 The Legislature declares that by authorizing
the formation of charter schools it is not authorizing:

1. The conversion of an existing public school, home
school or other program of home study to a charter school.

2. A means for providing financial assistance for
private schools or programs of home study. The provisions of this subsection do
not preclude [a]:

(a) A private
school from ceasing to operate as a private school and reopening as a charter
school in compliance with the provisions of NRS 386.500 to 386.610, inclusive[.] , and sections 2 and 3 of this act.

(b) The
payment of money to a charter school for the enrollment of children in classes
at the charter school pursuant to subsection 5 of NRS 386.580 who are enrolled
in a public school of a school district or a private school or who are
homeschooled.

3. The formation of charter schools on the basis of a
single race, religion or ethnicity.

Sec. 5.5. NRS 386.527 is hereby amended
to read as follows:

386.527 1. If the State Board or the board of
trustees of a school district approves an application to form a charter school,
it shall grant a written charter to the applicant. The State Board or the board
of trustees, as applicable, shall, not later than 10 days after the approval of
the application, provide written notice to the Department of the approval and
the date of the approval. If the board of trustees approves the application,
the board of trustees shall be deemed the sponsor of the charter school.

2. If the State Board approves the application:

(a) The State Board shall be deemed the sponsor of the
charter school.

(b) Neither the State of Nevada, the State Board nor
the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.

3. [Upon the initial renewal of a written charter and each
renewal thereafter, the]The governing body of a charter school may
request , at any time, a
change in the sponsorship of the charter school to an entity that is authorized
to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt
[objective]:

(a) An
application process for a charter school that requests a change in the
sponsorship of the charter school, which must not require the applicant to
undergo the requirements of an initial application to form a charter school;
and

(b) Objective
criteria for the conditions under which such a request may be
granted.

4. Except as otherwise provided in subsection 6, a
written charter must be for a term of 6 years unless the governing body of a
charter school renews its initial charter after 3 years of operation pursuant
to subsection 2 of NRS 386.530. A written charter must include all conditions
of operation set forth in paragraphs (a) to (o), inclusive, of subsection 2 of
NRS 386.520 and include the kind of school, as defined in subsections 1 to 4,
inclusive, of NRS 388.020 for which the charter school is authorized to
operate. If the State Board is the sponsor of the charter school, the written
charter must set forth the responsibilities of the sponsor and the charter
school with regard to the provision of services and programs to pupils with
disabilities who are enrolled in the charter school in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS
388.440 to 388.520, inclusive. As a condition of the issuance of a written
charter pursuant to this subsection, the charter school must agree to comply
with all conditions of operation set forth in NRS 386.550.

5. The governing body of a charter school may submit
to the sponsor of the charter school a written request for an amendment of the
written charter of the charter school. Such an amendment may include, without
limitation, the expansion of instruction and other educational services to
pupils who are enrolled in grade levels other than the grade levels of pupils
currently [enrolled]approved for enrollment in the charter school
if the expansion of grade levels does not change the kind of school, as defined
in NRS 388.020, for which the charter school is authorized to operate. If the
proposed amendment complies with the provisions of this section, NRS 386.500 to
386.610, inclusive, and sections 2
and 3 of this act, and any other statute or regulation applicable
to charter schools, the sponsor may amend the written charter in accordance
with the proposed amendment. If a charter school wishes to expand the
instruction and other educational services offered by the charter school to
pupils who are enrolled in grade levels other than the grade levels of pupils
currently [enrolled]approved for enrollment in the charter school
and the expansion of grade levels changes the kind of school, as defined in NRS
388.020, for which the charter school is authorized to operate, the governing
body of the charter school must submit a new application to form a charter
school. If such an application is approved, the charter school may continue to
operate under the same governing body and an additional governing body does not
need to be selected to operate the charter school with the expanded grade
levels.

6. The State Board shall adopt objective criteria for
the issuance of a written charter to an applicant who is not prepared to
commence operation on the date of issuance of the written charter. The criteria
must include, without limitation, the:

(b) Timelines by which the applicant must satisfy
certain requirements demonstrating its progress in preparing to commence
operation.

Κ A holder of
such a written charter may apply for grants of money to prepare the charter
school for operation. A written charter issued pursuant to this subsection must
not be designated as a conditional charter or a provisional charter or
otherwise contain any other designation that would indicate the charter is
issued for a temporary period.

7. The holder of a written charter that is issued
pursuant to subsection 6 shall not commence operation of the charter school and
is not eligible to receive apportionments pursuant to NRS 387.124 until the
sponsor has determined that the requirements adopted by the State Board
pursuant to subsection 6 have been satisfied and that the facility the charter
school will occupy has been inspected and meets the requirements of any
applicable building codes, codes for the prevention of fire, and codes
pertaining to safety, health and sanitation. Except as otherwise provided in
this subsection, the sponsor shall make such a determination 30 days before the
first day of school for the:

(a) Schools of the school district in which the
charter school is located that operate on a traditional school schedule and not
a year-round school schedule; or

(b) Charter school,

Κ whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to
demonstrate compliance less than 30 days before the date selected.

Sec. 6. NRS 386.590 is hereby amended to read
as follows:

386.590 1. Except as otherwise provided in this
subsection, at least 70 percent of the teachers who provide instruction at a
charter school must be licensed teachers. If a charter school is a vocational
school, the charter school shall, to the extent practicable, ensure that at
least 70 percent of the teachers who provide instruction at the school are
licensed teachers, but in no event may more than 50 percent of the teachers who
provide instruction at the school be unlicensed teachers.

2. A governing body of a charter school shall employ:

(a) If the charter school offers instruction in
kindergarten or grade 1, 2, 3, 4, 5, 6, 7 or 8, a licensed teacher to teach
pupils who are enrolled in those grades. If required by subsection 3 or 4, such
a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

(b) If the charter school offers instruction in grade
9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those
grades for the subjects set forth in subsection 4. If required by subsection 3
or 4, such a teacher must possess the qualifications required by 20 U.S.C. §
6319(a).

(c) In addition to the requirements of paragraphs (a)
and (b):

(1) If a charter school specializes in arts and
humanities, physical education or health education, a licensed teacher to teach
those courses of study.

(2) If a charter school specializes in the
construction industry or other building industry, licensed teachers to teach
courses of study relating to the industry if those teachers are employed full
time.

(3) If a charter school specializes in the
construction industry or other building industry and the school offers courses
of study in computer education, technology or business, licensed teachers to
teach those courses of study if those teachers are employed full time.

3. A person who is initially hired by the governing
body of a charter school on or after January 8, 2002, to teach in a program
supported with money from Title I must possess the qualifications required by
20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not
initially hired if he has been employed as a teacher by another school
district or charter school in this State without an interruption in employment
before the date of hire by his current employer.

4. A teacher who is employed by a charter school,
regardless of the date of hire, must, on or before July 1, 2006, possess the
qualifications required by 20 U.S.C. § 6319(a) if he teaches one or more of the
following subjects:

(a) English, reading or language arts;

(b) Mathematics;

(c) Science;

(d) Foreign language;

(e) Civics or government;

(f) Economics;

(g) Geography;

(h) History; or

(i) The arts.

5. Except as otherwise provided in NRS 386.588, a
charter school may employ a person who is not licensed pursuant to the provisions
of chapter 391 of NRS to teach a course of study for which a licensed teacher
is not required pursuant to subsections 2, 3 and 4 if the person has:

(a) A degree, a license or a certificate in the field
for which he is employed to teach at the charter school; and

(b) At least 2 years of experience in that field.

6. Except as otherwise provided in NRS 386.588, a
charter school [may]shall employ such administrators for the
school as it deems necessary. A person employed as an administrator must possess:

(a) A valid teachers license issued pursuant to
chapter 391 of NRS with an administrative endorsement;

(b) A masters degree in school administration, public
administration or business administration; or

(c) [If the person has at]At least 5 years of
experience in school administration,
public administration or business
administration and a baccalaureate degree.

7. Except
as otherwise provided in subsection 8, the portion of the salary or other compensation of an
administrator employed by a charter school that is derived from public funds
must not exceed the salary or other
compensation, as applicable, of the highest paid administrator in a comparable position
in the school district in which the charter school is located. For purposes of
determining the salary or other compensation of the highest paid administrator in a
comparable position in the school district, the salary or other compensation of the superintendent of schools of that school district
must not be included in the determination.

8. If the salary or other compensation paid to an administrator
employed by a charter school from public funds exceeds the maximum amount
prescribed in subsection 7, the sponsor of the charter school shall conduct an audit of the salary or compensation.

conduct an
audit of the salary or compensation. The audit must include, without
limitation, a review of the reasons set forth by the governing body of the
charter school for the salary or other compensation and the interests of the
public in using public funds to pay that salary or compensation. If the sponsor
determines that the payment of the salary or other compensation from public
funds is justified, the sponsor shall provide written documentation of its
determination to the governing body of the charter school and to the
Department. If the sponsor determines that the payment of the salary or other
compensation from public funds is not justified, the governing body of the
charter school shall reduce the salary or compensation paid to the
administrator from public funds to an amount not to exceed the maximum amount
prescribed in subsection 7.

9. A
charter school shall not employ a person pursuant to this section if his
license to teach or provide other educational services has been revoked or
suspended in this State or another state.

[8.]10. On or before November 15 of each year, a charter school
shall submit to the Department, in a format prescribed by the Superintendent of
Public Instruction, the following information for each licensed employee who is
employed by the governing body on October 1 of that year:

(a) The amount of salary of the employee[;], including, without limitation,
verification of compliance with subsection 7, if applicable to that employee; and

(b) The designated assignment, as that term is defined
by the Department, of the employee.

Sec. 7. If a person is employed by a charter
school as an administrator before July 1, 2007, and he qualified for that position pursuant to paragraph (c) of subsection 6 of NRS 386.590, the person
may continue employment in that position even if he does not satisfy the
qualifications set forth in section 6 of this act.

Sec. 8. If a person is employed by a charter
school as an administrator before July 1, 2007, and the contract of employment with the administrator provides for a salary or other compensation that
violates subsection 7 of NRS 386.590, as amended by section 6 of this act, the
administrator may continue to receive that salary or other compensation only
through the term of the existing contract of employment. Any new contract or
renewal of the existing contract with that administrator must comply with
subsection 7 of NRS 386.590, as amended by section 6 of this act.

AN ACT relating to elections; providing under certain circumstances that
a registered voter who lives in a mailing precinct or an absent ballot mailing
precinct of a county who has received a mailing ballot may vote in person at
the office of the county clerk or at designated polling places on election day
or at polling places during the period for early voting; requiring certain
county clerks to designate at least one polling place to be the polling place
where any registered voter who lives in any of the mailing precincts or absent
ballot mailing precincts of the county may vote in person on election day;
providing a penalty; and providing other matters properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Section 4 of
this bill requires county clerks in counties with a population of 100,000 or
more to designate at least one polling place in the county as the polling place
where a person who lives in a mailing precinct or an absent ballot mailing
precinct may vote in person on election day. In counties with a population of
less than 100,000, section 4 provides that a county clerk may, but is
not required to, designate such a polling place. Section 6 of this bill
prohibits the return of a mailing ballot by any person other than the
registered voter to whom the ballot was sent unless a family member returns the
ballot at the request of the voter. A person who violates this provision is
guilty of a category E felony.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-3.(Deleted by amendment.)

Sec. 4. NRS 293.343 is hereby amended
to read as follows:

293.343 1. A registered voter who resides in an
election precinct in which there were not more than 200 voters registered for
the last preceding general election, or in a precinct in which it appears to
the satisfaction of the county clerk that there are not more than 200
registered voters, may vote at any election regulated by this chapter in the
manner provided in NRS 293.345 to 293.355, inclusive.

2. Whenever the county clerk has designated a
precinct as a mailing precinct, registered voters residing in that precinct may
vote at any election regulated by this chapter in the manner provided in NRS
293.345 to 293.355, inclusive.

3. In a
county whose population is 100,000 or more, whenever a registered voter is
entitled to vote in a mailing precinct or an absent ballot mailing precinct,
the county clerk:

(a) Shall
designate at least one polling place in the county as the polling place where
such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of
NRS 293.353 or subsection 3 of NRS 293.353, on election day; and

(b) May designate certain polling places for early voting
as the polling places where such a voter may vote in person, pursuant to
paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353,
during the period for early voting, if it is impractical for the county clerk
to provide at each polling place for early voting a ballot in every form
required in the county.

4. In a county whose population is less than 100,000,
whenever a registered voter is entitled to vote in a mailing precinct or an
absent ballot mailing precinct, the county clerk:

(a) May designate one or more polling places in the
county as the polling place where such a voter may vote in person, pursuant to
paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on
election day; and

(b) May designate certain polling places for early
voting as the polling places where such a voter may vote in person, pursuant to
paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353,
during the period for early voting, if it is impractical for the county clerk
to provide at each polling place for early voting a ballot in every form
required in the county.

5. Polling places designated pursuant to subsection 3
or 4 may include, without limitation, polling places located as closely as
practicable to the mailing precincts.

Sec. 5. NRS
293.345 is hereby amended to read as follows:

293.345[The]

1. Before 5 p.m. on the last business day preceding
the first day of the period for early voting for any primary election or
general election, the county clerk shall [mail]cause to be mailed to
each registered voter in each mailing precinct and in each absent ballot
mailing precinct[,
before 5 p.m. on the second Thursday before the primary election and before 5
p.m. on the fourth Tuesday in October of any year in which a general election
is to be held,] an official mailing ballot to be voted by
him at the election[.], and accompanying supplies, as
specified in NRS 293.350.

2. If the county clerk has designated, pursuant to
subsection 3 or 4 of NRS 293.343, one or more polling places where a voter may
vote in person, the official ballot and the sample ballot must include a notice
in bold type informing the voter of the location of the designated polling
place or polling places on election day and the polling places during the
period for early voting where the voter may vote in person pursuant to
paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353.

Sec. 6. NRS 293.353 is
hereby amended to read as follows:

293.353 [Upon]

1. Except as otherwise provided in subsection 2 or 3,
upon receipt of a mailing ballot from the county clerk, the
registered voter must [:

1. Except as otherwise provided in subsection 2:

(a) Immediately after opening the envelope,], in accordance with the instructions,
mark and fold the ballot [;

(b) Place the ballot] , if it is a paper ballot, or punch it
and leave it unfolded, if the ballot is voted by punching a card, deposit and
seal the ballot in the return envelope[;

(c) Affix], affix his signature on the back of the
envelope[;
and

(d) Mail or deliver]and mail the envelope to
the county clerk.

2. [In those counties using a
mechanical voting system whereby a vote is cast by punching a card:

(d) Mail or deliver the envelope to the county clerk.] Except as otherwise provided in
subsection 3, if a registered voter who has received a mailing ballot applies
to vote in person at:

(a) The office of the county clerk, he must mark or
punch the ballot, place and seal it in the return envelope and affix his
signature in the same manner as provided in subsection 1, and deliver the
envelope to the clerk.

(b) One of the polling places on election day or a
polling place for early voting in the county designated pursuant to subsection
3 or 4 of NRS 293.343, he must surrender the mailing ballot and provide
satisfactory identification before being issued a ballot to vote at the polling
place. A person who receives a surrendered mailing ballot shall mark it Cancelled.

3. If a registered voter who has received a mailing
ballot wishes to vote in person at the office of the county clerk or at one of
the polling places on election day or a polling place for early voting in the
county designated pursuant to subsection 3 or 4 of NRS 293.343, and the voter
does not have the mailing ballot to deliver or surrender, the voter must be
issued a ballot to vote if the voter:

(a) Provides satisfactory identification;

(b) Is a registered voter who is otherwise entitled to
vote; and

(c) Signs an affirmation under penalty of perjury on a
form prepared by the Secretary of State declaring that the voter has not voted
during the election.

4. It is unlawful for any person to return a mailing
ballot other than the registered voter to whom the ballot was sent or, at the
request of the voter, a member of the family of that voter. A person who
returns a mailing ballot and who is a member of the family of the voter who
received the mailing ballot shall, under penalty of perjury, indicate on a form
prescribed by the county clerk that he is a member of the family of the voter
who received the mailing ballot and that the voter requested that he return the
mailing ballot. A person who violates the provisions of this subsection is
guilty of a category E felony and shall be punished as provided in NRS 193.130.

Sec. 7. NRS
293.355 is hereby amended to read as follows:

293.355 1. Upon receipt of the
return envelope from [the]a registered voter[,]of a mailing precinct or absent ballot
mailing precinct, whether through the mail or in person at the office of the
county clerk pursuant to paragraph (a) of subsection 2 of NRS 293.353, the
county clerk shall follow the same procedure as in the case of absent ballots.

2. Ballots voted in person at a polling place
pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS
293.353, or at the office of the county clerk pursuant to subsection 3 of NRS
293.353, by registered voters of a mailing precinct or absent ballot mailing precinct
must be processed and reported by the appointed election board or county clerk
in the same manner as required by law for absent ballots voted in person
pursuant to NRS 293.330.

AN ACT relating to work cards; making the issuance of a temporary work
card for employment at certain kinds of dwelling units discretionary rather
than mandatory; prohibiting the issuance of work cards for such employment to
persons who have been convicted of certain crimes; and providing other matters
properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Under existing law,
a landlord of dwelling units intended and operated exclusively for persons 55
years of age and older is prohibited from employing persons to perform certain
work on the premises unless the person has obtained a work card from the county
sheriff. (NRS 118A.335) This bill: (1) makes the issuance of a temporary work
card to an applicant who is being investigated discretionary rather than
mandatory; and (2) prohibits the sheriff from issuing a work card to a person
who has been convicted of certain crimes, including a category A, B or C felony
or a similar crime in another state, a sexual offense, certain crimes against
the elderly or other vulnerable persons, certain batteries, certain thefts or
certain violations of state or federal drug laws. This bill further provides
that a person who is denied a work card who believes the information provided
to the sheriff by the Central Repository for Nevada Records of Criminal History
is incorrect must be given an opportunity to correct the information.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
118A.335 is hereby amended to read as follows:

118A.335 1. Except as
otherwise provided in subsection [4,]5, a landlord of dwelling
units intended and operated exclusively for persons 55 years of age and older
may not employ any person who will work 36 hours or more per week and who will
have access to all dwelling units to perform work on the premises unless the
person has obtained a work card issued pursuant to subsection 2 by the sheriff
of the county in which the dwelling units are located and renewed that work
card as necessary.

2. The sheriff of a county
shall issue a work card to each person who is required by this section to obtain
a work card and who complies with the requirements established by the sheriff
for the issuance of such a card. A work card issued pursuant to this section
must be renewed:

(a) Every
5 years; and

(b) Whenever the person
changes his employment to perform work for an employer other than the employer
for which his current work card was issued.

3. If the sheriff of a
county requires an applicant for a work card to be investigated:

(a) The applicant must
submit with his application a complete set of his fingerprints and written
permission authorizing the sheriff to forward the fingerprints
to the Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report.

fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report.

(b) The sheriff [may]shall submit the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation to determine the criminal
history of the applicant.

(c) The sheriff [shall]may issue a
temporary work card pending the determination of the criminal history of the
applicant by the Federal Bureau of Investigation.

4. The sheriff shall not issue a work card to any person who:

(a) Has been convicted of a category A, B or C felony
or of a crime in another state which would be a category A, B or C felony if
committed in this State;

(b) Has been convicted of a sexual offense;

(c) Has been convicted of a crime against any person
who is 60 years of age or older or against a vulnerable person for which an
additional term of imprisonment may be imposed pursuant to NRS 193.167 or the
laws of any other jurisdiction;

(d) Has been convicted of a battery punishable as a
gross misdemeanor; or

(e) Within the immediately preceding 5 years:

(1) Has been convicted of a theft; or

(2) Has been convicted of a violation of any
state or federal law regulating the possession, distribution or use of a
controlled substance.

5. The following persons are not
required to obtain a work card pursuant to this section:

(a) A person who holds a
permit to engage in property management pursuant to chapter 645 of NRS.

(b) An independent
contractor. As used in this paragraph, independent contractor means a person
who performs services for a fixed price according to his own methods and
without subjection to the supervision or control of the landlord, except as to
the results of the work, and not as to the means by which the services are
accomplished.

(c) An offender in the
course and scope of his employment in a work program directed by the warden,
sheriff, administrator or other person responsible for administering a prison,
jail or other detention facility.

(d) A person performing work
through a court-assigned restitution or community-service program.

6. If the sheriff does not issue a work card to a
person because the information received from the Central Repository for Nevada
Records of Criminal History indicates that the person has been convicted of a
crime listed in subsection 4 and the person believes that the information
provided by the Central Repository is incorrect, the person may immediately
inform the sheriff. If the sheriff is so informed, he shall give the person at
least 30 days in which to correct the information before terminating the temporary
work card issued pursuant to subsection 3.

7. As used in this section, unless the context
otherwise requires:

(a) Sexual offense has the meaning ascribed to it in
NRS 179D.410.

(b) Vulnerable person has the meaning ascribed to it
in NRS 200.5092.

________

κ2007
Statutes of Nevada, Page 1266κ

CHAPTER 316, AB 383

Assembly Bill No.
383Assemblymen Kirkpatrick, Conklin and Koivisto

CHAPTER 316

AN ACT
relating to immigration; creating new crimes relating to trafficking in
persons; providing for punitive damages in a civil action against a person who
commits such crimes in certain circumstances; making property of a person who
commits such crimes subject to forfeiture; adding the crimes to the list of felonies
that may cause a person to be charged as a habitual felon; requiring the
Director of the Department of Business and Industry to include on the website
of the Department a link to the Social Security Administration for employers to
verify employee social security numbers; providing for an administrative fine
to be imposed against a person who holds a state business license if the person
willfully, flagrantly or otherwise egregiously engages in the unlawful hiring
or employment of an unauthorized alien in violation of federal law; providing
penalties; and providing other matters properly relating thereto.

[Approved: June 2,
2007]

Legislative Counsels Digest:

Section 1.3 of this bill creates the crime
of trafficking in persons for illegal purposes which involves engaging in
certain acts concerning the transportation of an illegal alien into this State
with the intent: 1) to subject the person to certain acts relating to
involuntary servitude; 2) to commit another felony; or 3) to violate any state
or federal labor law. A person who commits such a crime is guilty of a category
B felony punishable by a term of imprisonment in the state prison for not less
than 1 year and not more than 20 years, and by a fine of not more than $50,000.
Section 1.5 of this bill creates the crime of trafficking in persons
which contains the same elements as for trafficking in persons for illegal
purposes except that rather than committing the act with the intent to commit
another crime, the person commits the act in exchange for money or other
financial gain. A person who commits the crime of trafficking in persons is
guilty of a category B felony which is punishable by a term of imprisonment in
the state prison for a minimum term of 1 year and a maximum term of 10 years,
and by a fine of not more than $50,000.

Section 3 of this bill adds the two new
crimes of trafficking in persons to the list of crimes that may cause a person
to be charged as a habitual felon. (NRS 207.012) Section 4 of this bill
allows a person who suffers an injury as the result of the willful violation of
such crimes by a person who was motivated by certain characteristics of the
person to recover actual and punitive damages in a civil action. (NRS 41.690) Section
5 of this bill makes personal property of a person who engages in either of
the two crimes of trafficking in persons subject to forfeiture. (NRS 179.121)

Section 6 of this bill requires the
Director of the Department of Business and Industry to include on the website
maintained by the Department a link to the Social Security Administration where
an employer may verify the social security numbers of his employees.

Section 10 of this bill requires the Nevada
Tax Commission to hold a hearing concerning any person who holds a state
business license who has been found to have engaged in the unlawful hiring or
employment of an unauthorized alien in violation of federal law. If the
violation is willful, flagrant or otherwise egregious, the Commission is
required to impose an administrative fine on the person.

Whereas,
Trafficking in persons provides opportunities for modern day slavery to occur;
and

Whereas,
Thousands of persons of all ages worldwide are trafficked annually across
international borders; and

Whereas,
Victims of trafficking in persons are often subjected to force, fraud or
coercion for the purpose of subjecting the victims to sexual exploitation, prostitution,
providing other forms of sexual entertainment or forced labor; and

Whereas,
Victims of trafficking in persons may also be used to provide labor in a manner
that violates labor laws, including, without limitation, providing labor for
reduced wages in the areas of domestic services, restaurants, janitorial
services, production work in factories and agricultural labor; and

Whereas,
Traffickers often employ tactics to instill fear in victims and to deny them
freedom, including, without limitation, keeping the victims locked against
their will, isolating victims from the public and from their families,
confiscating passports, visas or other documents, using or threatening to use
violence against victims or their families, informing victims that they will be
imprisoned or deported for the violation of immigration laws if they disobey or
try to inform the authorities about their situation and controlling any money
of the victims; and

Whereas,
The Legislature recognizes that it is necessary for the State to protect these
victims by ensuring that persons who engage in trafficking of persons are
punished severely for engaging in such conduct; now therefore,

THE PEOPLE OF THE
STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 200 of NRS is hereby
amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of
this act.

Sec. 1.3. 1. A person shall not transport, procure transportation for
or assist in the transportation of or procurement of transportation for another
person into the State of Nevada whom he knows or has reason to know does not
have the legal right to enter or remain in the United States with the intent
to:

(a) Subject
the person to involuntary servitude or any other act prohibited pursuant to NRS
200.463 or 200.465;

(b) Violate
any state or federal labor law, including, without limitation, 8 U.S.C. §
1324a; or

(c) Commit
any other crime which is punishable by not less than 1 year imprisonment in the
state prison.

2. A
person who violates the provisions of subsection 1 is guilty of trafficking in
persons for illegal purposes and shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 20 years, and may be further punished by a fine
of not more than $50,000.

Sec. 1.5. 1. A person shall not transport, procure transportation for
or assist in the transportation of or procurement of transportation for another
person into the State of Nevada whom he knows or has reason to know does not
have the legal right to enter or remain in the United States in exchange for
money or other financial gain.

2. A
person who violates the provisions of subsection 1 is guilty of trafficking in
persons and, unless a greater penalty is provided pursuant to NRS 200.464 or
section 1.3 of this act, shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 10 years, and may be further punished by a fine
of not more than $50,000.

Sec. 2. NRS 200.464 is hereby amended
to read as follows:

200.464 [A]Unless a greater penalty is provided
pursuant to section 1.3 of this act, a person who knowingly:

1. Recruits, entices, harbors, transports, provides
or obtains by any means, or attempts to recruit, entice, harbor, transport, provide
or obtain by any means, another person, intending or knowing that the person
will be held in involuntary servitude; or

2. Benefits, financially or by receiving anything of
value, from participating in a violation of NRS 200.463,

Κ is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 15 years, and may be further punished by a fine of not more than
$50,000.

Sec. 3. NRS 207.012 is hereby amended
to read as follows:

207.012 1. A person who:

(a) Has been convicted in this State of a felony
listed in subsection 2; and

(b) Before the commission of that felony, was twice
convicted of any crime which under the laws of the situs of the crime or of
this State would be a felony listed in subsection 2, whether the prior
convictions occurred in this State or elsewhere,

Κ is a
habitual felon and shall be punished for a category A felony by imprisonment in
the state prison:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole,
with eligibility for parole beginning when a minimum of 10 years has been
served; or

(3) For a definite term of 25 years, with
eligibility for parole beginning when a minimum of 10 years has been served.

41.690 1. A person who has suffered injury as the
proximate result of the willful violation of the provisions of NRS 200.280,
200.310, 200.366, 200.380, 200.400, 200.460, 200.463, 200.464, 200.465,
200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020,
203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010,
206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 or section 1.3 or 1.5 of this act by
a perpetrator who was motivated by the injured persons actual or perceived
race, color, religion, national origin, physical or mental disability or sexual
orientation may bring an action for the recovery of his actual damages and any
punitive damages which the facts may warrant. If the person who has suffered
injury prevails in an action brought pursuant to this subsection, the court
shall award him costs and reasonable attorneys fees.

2. The liability imposed by this section is in
addition to any other liability imposed by law.

Sec. 5. NRS 179.121 is hereby amended
to read as follows:

179.121 1. All personal property, including, without
limitation, any tool, substance, weapon, machine, computer, money or security,
which is used as an instrumentality in any of the following crimes is subject
to forfeiture:

(a) The commission of or attempted commission of the
crime of murder, robbery, kidnapping, burglary, invasion of the home, grand
larceny, theft if it is punishable as a felony, or pandering;

(b) The commission of or attempted commission of any
felony with the intent to commit, cause, aid, further or conceal an act of
terrorism;

(c) A violation of NRS 202.445 or 202.446;

(d) The commission of any crime by a criminal gang, as
defined in NRS 213.1263; or

2. Except as otherwise provided for conveyances
forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including
aircraft, vehicles or vessels, which are used or intended for use during the
commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to
465.085, inclusive, are subject to forfeiture except that:

(a) A conveyance used by any person as a common
carrier in the transaction of business as a common carrier is not subject to
forfeiture under this section unless it appears that the owner or other person
in charge of the conveyance is a consenting party or privy to the felony or
violation;

(b) A conveyance is not subject to forfeiture under
this section by reason of any act or omission established by the owner thereof
to have been committed or omitted without his knowledge, consent or willful
blindness;

(c) A conveyance is not subject to forfeiture for a
violation of NRS 202.300 if the firearm used in the violation of that section
was not loaded at the time of the violation; and

(d) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured party if he
neither had knowledge of nor consented to the felony. If a conveyance is
forfeited, the appropriate law enforcement agency may pay the existing balance
and retain the conveyance for official use.

(b) There is a cartridge in the cylinder of the
firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the magazine
is in the firearm or there is a cartridge in the chamber, if the firearm is a
semiautomatic firearm.

4. As used in this section, act of terrorism has
the meaning ascribed to it in NRS 202.4415.

Sec. 6. Chapter 232 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The
Director shall include on the Internet website maintained by the Department a
link which connects to the Social Security Administration where an employer may
verify the social security number of an employee.

2. The
link required pursuant to subsection 1 must be maintained in the area of the
website that encourages and promotes the growth, development and legal
operation of businesses within the State of Nevada.

Sec. 7. NRS 232.505 is hereby amended
to read as follows:

232.505 As used in NRS 232.505 to 232.840, inclusive,
and section 6 of this act, unless
the context requires otherwise:

1. Department means the Department of Business and
Industry.

2. Director means the Director of the Department.

Sec. 8. Chapter 360 of NRS is hereby
amended by adding thereto the provisions set forth as sections 9 and 10 of this
act.

Sec. 9. Unauthorized alien has the meaning ascribed to it in 8
U.S.C. § 1324a(h)(3).

Sec. 10.1. Upon finding that the Attorney General of the United
States has made a final decision and entered an order that a person who holds a
state business license has engaged in the unlawful hiring or employment of an
unauthorized alien pursuant to U.S.C. § 1324a(e), the Nevada Tax Commission
shall hold a hearing to determine whether to take action against the person.

2. The Nevada Tax Commission shall consider any proof submitted by the person who holds a state
business license which demonstrates that the person attempted to verify the
social security number of the unauthorized alien within 6 months from the date
on which the unauthorized alien was allegedly employed. Such proof may include,
without limitation, a printout from the link maintained on the Internet website
of the Department of Business and Industry pursuant to section 6 of this act.
Such proof may be used as prima facie evidence that the violation was not
willful, flagrant or otherwise egregious.

3. If
the Nevada Tax Commission determines that the person who holds the state
business license violated the federal law willfully, flagrantly or otherwise
egregiously, the Commission shall impose an administrative fine against the
person in an amount established by the Commission by regulation. Any such
administrative fine imposed must be deposited in the State General Fund.

4. The Nevada Tax Commission shall adopt such regulations as it determines necessary to carry out
the provisions of this section.

360.760 As used in NRS 360.760 to 360.798, inclusive,
and sections 9 and 10 of this act,
unless the context otherwise requires, the words and terms
defined in NRS 360.765 to 360.775, inclusive, and section 9 of this act, have the meanings
ascribed to them in those sections.

Sec. 12. (Deleted
by amendment.)

Sec. 13. NRS 613.080 is hereby amended
to read as follows:

613.080 1. The immigration to this State of all
slaves and other people bound by contract to involuntary servitude for a term
of years is hereby prohibited.

2. It is unlawful for any company, person or persons
to collect the wages or compensation for the labor of the persons described in
subsection 1.

3. It is unlawful for any corporation, company,
person or persons to pay to any owner or agent of the owner of any such persons
mentioned in subsection 1 any wages or compensation for the labor of such
slaves or persons so bound by the contract to involuntary servitude.

4. Unless a greater penalty is provided in NRS
200.463 or 200.464[,]or section 1.3 of this act, a
violation of any of the provisions of this section is a gross misdemeanor.

AN ACT relating to motor vehicles; requiring a provider of a vehicle
service contract to notify the buyer of a vehicle service contract if the
provider ceases doing business in this State; and providing other matters
properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

This bill requires
a provider of a vehicle service contract to notify the buyer of a vehicle
service contract in writing if the provider ceases doing business in this
State.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
690C of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
provider who, whether directly or through a vehicle dealer licensed pursuant to
NRS 482.325, enters into a vehicle service contract with a buyer shall, within
30 days after ceasing doing business in this State, notify any buyer who
purchased such a contract in writing of the fact that the provider has ceased
doing business in this State if the specified period of the vehicle service
contract has not yet expired.

(c) Release
the provider from any liability imposed by a violation of any provision of this
chapter.

3. As
used in this section:

(a) Buyer
means the buyer of a vehicle service contract.

(b) Vehicle
service contract means a contract pursuant to which a provider, in exchange
for separately stated consideration, is obligated for a specified period to a
buyer to repair, replace or perform maintenance on, or indemnify or reimburse
the buyer for the costs of repairing, replacing or performing maintenance on, a
motor vehicle which is described in the vehicle service contract and which has
an operational or structural failure as a result of a defect in materials,
workmanship or normal wear and tear, including, without limitation, a contract
that includes a provision for incidental payment of indemnity under limited
circumstances, including, without limitation, towing, rental and emergency road
service.

Sec. 1.5. NRS 690C.100 is hereby
amended to read as follows:

690C.100 1. The provisions of this title do not
apply to:

(a) A warranty;

(b) A maintenance agreement;

(c) A service contract provided by a public utility on
its transmission device if the service contract is regulated by the Public
Utilities Commission of Nevada;

(d) A service contract sold or offered for sale to a
person who is not a consumer;

(e) A service contract for goods if the purchase price
of the goods is less than $250; or

(f) [A]Except as otherwise provided in section 1 of this act, a service
contract issued, sold or offered for sale by a vehicle dealer on vehicles sold
by the dealer, if the dealer is licensed pursuant to NRS 482.325 and the
service contract obligates either the dealer or the manufacturer of the
vehicle, or an affiliate of the dealer or manufacturer, to provide all services
under the service contract.

2. The sale of a service contract pursuant to this
chapter does not constitute the business of insurance for the purposes of 18
U.S.C. §§ 1033 and 1034.

3. As used in this section:

(a) Maintenance agreement means a contract for a
limited period that provides only for scheduled maintenance.

(b) Warranty means a warranty provided solely by a
manufacturer, importer or seller of goods for which the manufacturer, importer
or seller did not receive separate consideration and that:

(1) Is not negotiated or separated from the
sale of the goods;

(2) Is incidental to the sale of the goods; and

(3) Guarantees to indemnify the consumer for
defective parts, mechanical or electrical failure, labor or other remedial
measures required to repair or replace the goods.

AN ACT relating to victims of crime; prohibiting an adverse party named
in an extended order for protection against domestic violence from possessing
or having under his custody or control a firearm; making various changes to
provisions regarding orders for protection against domestic violence; expanding
the persons against whom domestic violence may be committed; revising
provisions regarding the testing of certain persons accused of committing
certain crimes for exposure to the human immunodeficiency virus and commonly
contracted sexually transmitted diseases; providing a penalty; and providing
other matters properly relating thereto.

[Approved:
June 2, 2007]

Legislative
Counsels Digest:

Existing law sets
forth certain unlawful acts which constitute domestic violence when committed
against certain specified persons. (NRS 33.018) Existing law authorizes a court
to issue a temporary or extended order for protection to protect a person
listed in that statute from domestic violence. (NRS 33.020, 33.030) Section
5 of this bill expands the list of persons against whom domestic violence
may be committed to include a person who has been appointed the custodian or legal
guardian of a child.

Section 2 of
this bill authorizes the court, when issuing an extended order, to include a
requirement that the adverse party surrender any firearms possessed by him or
under his custody or control and that he not possess or have under his custody
or control any firearm while the order is in effect. Section 2 requires
the court to consider certain factors in deciding whether to include such
provisions in an extended order and provides for a limited exception that may
be granted if the adverse party can establish that the use or possession of a
firearm is an integral part of his employment and that the employer will
provide for the storage of any such firearm during any period that the adverse
party is not working. Section 3 of this bill establishes the procedures
governing the surrender, sale or transfer of any firearm possessed or under the
custody or control of an adverse party subject to such an extended order. Section
2 makes it a gross misdemeanor for an adverse party to violate those
provisions of an extended order.

Section 6 of
this bill authorizes a court, when granting an extended order, to provide for
the support of a minor child for whom a guardian has been appointed or who has
been placed in protective custody and to pay compensation to the applicant for
lost earnings and expenses incurred by the applicant in attending any hearing
concerning an application for an extended order. (NRS 33.030)

Section 7 of
this bill requires a law enforcement officer to inform an adverse party who
violates an order for protection against domestic violence of the date and time
set for a hearing on an application for an extended order in certain
circumstances. (NRS 33.070)

Existing federal
law requires, as a condition to receiving certain federal grants, that states
provide by law for certain procedures concerning the testing of a defendant who
is arrested for certain crimes involving sexual conduct. (42 U.S.C. §
3796hh(d)) Section 9 of this bill revises the procedures for testing
certain alleged criminals who commit a sexual assault and victims of sexual
assault for the human immunodeficiency virus and other commonly contracted
sexually transmitted diseases to comply with those federal requirements. (NRS
441A.320)

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
33 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. 1. A court may include in an extended order issued pursuant
to NRS 33.030:

(a) A
requirement that the adverse party surrender, sell or transfer any firearm in
his possession or under his custody or control in the manner set forth in
section 3 of this act; and

(b) A
prohibition on the adverse party against possessing or having under his custody
or control any firearm while the order is in effect.

2. In
determining whether to include the provisions set forth in subsection 1 in an
extended order, the court must consider, without limitation, whether the
adverse party:

(a) Has a
documented history of domestic violence;

(b) Has
used or threatened to use a firearm to injure or harass the applicant, a minor
child or any other person; and

(c) Has
used a firearm in the commission or attempted commission of any crime.

3. If a
court includes the provisions set forth in subsection 1 in an extended order,
the court may include a limited exception from the prohibition to possess or
have under his custody or control any firearm if the adverse party establishes
that:

(a) The
adverse party is employed by an employer who requires the adverse party to use
or possess a firearm as an integral part of his employment; and

(b) The
employer will provide for the storage of any such firearm during any period
when the adverse party is not working.

4. An
adverse party who violates any provision included in an extended order pursuant
to this section concerning the surrender, sale, transfer, possession, custody
or control of a firearm is guilty of a gross misdemeanor. If the court includes
any such provision in an extended order, the court must include in the order a
statement that violation of such a provision in the order is a gross
misdemeanor.

Sec. 3. 1. If a court orders an adverse party
to surrender any firearm pursuant to section 2 of this act, the adverse party
shall, not later than 24 hours after service of the order:

(a) Surrender
any firearm in his possession or under his custody or control to the
appropriate local law enforcement agency designated by the court in the order;

(b) Surrender
any firearm in his possession or under his custody or control to a person
designated by the court in the order; or

(c) Sell
or transfer any firearm in his possession or under his custody or control to a
licensed firearm dealer.

2. If
the court orders the adverse party to surrender any firearm to a local law
enforcement agency pursuant to paragraph (a) of subsection 1, the law
enforcement agency shall provide the adverse party with a receipt which
includes a description of each firearm surrendered and the adverse party shall,
not later than 72 hours or 1 business day, whichever is later, after
surrendering any such firearm, provide the receipt to the court.

3. If
the court orders the adverse party to surrender any firearm to a person
designated by the court pursuant to paragraph (b) of subsection 1, the adverse
party shall, not later than 72 hours or 1 business day, whichever is later,
after he surrenders any firearm to such person, provide to the court and the
appropriate local law enforcement agency the name and address of the person
designated in the order and a written description of each firearm surrendered
to such person.

4. If
the adverse party sells or transfers any firearm to a licensed firearm dealer
that is subject to an order pursuant to paragraph (c) of subsection 1, the
adverse party shall, not later than 72 hours or 1 business day, whichever is
later, after such sale or transfer, provide to the court and the appropriate
local law enforcement agency a receipt of such sale or transfer and a written
description of each firearm sold or transferred.

5. If
there is probable cause to believe that the adverse party has not surrendered,
sold or transferred any firearm in his possession or under his custody or
control within 24 hours after service of the order, the court may issue and
deliver to any law enforcement officer a search warrant which authorizes the
law enforcement officer to enter and search any place where there is probable
cause to believe any firearm is located and seize the firearm.

6. A
local law enforcement agency may charge and collect a fee from the adverse
party for the collection and storage of a firearm pursuant to this section. The
fee must not exceed the cost incurred by the local law enforcement agency to
provide the service.

Sec. 4. NRS 33.017 is hereby amended to
read as follows:

33.017 As used in NRS 33.017 to 33.100, inclusive, and sections 2 and 3 of this act, unless
the context otherwise requires:

1. Extended order means an extended order for
protection against domestic violence.

2. Temporary order means a temporary order for
protection against domestic violence.

Sec. 5. NRS 33.018 is hereby amended to
read as follows:

33.018 1. Domestic violence occurs when a person
commits one of the following acts against or upon his spouse, former spouse,
any other person to whom he is related by blood or marriage, a person with whom
he is or was actually residing, a person with whom he has had or is having a
dating relationship, a person with whom he has a child in common, the minor
child of any of those persons ,[or] his minor child[:] or any person who has been appointed
the custodian or legal guardian for his minor child:

(a) A battery.

(b) An assault.

(c) Compelling the other by force or threat of force
to perform an act from which he has the right to refrain or to refrain from an
act which he has the right to perform.

(e) A knowing, purposeful or reckless course of
conduct intended to harass the other. Such conduct may include, but is not
limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a
permit.

(f) A false imprisonment.

(g) Unlawful entry of the others residence, or
forcible entry against the others will if there is a reasonably foreseeable
risk of harm to the other from the entry.

2. As used in this section, dating relationship
means frequent, intimate associations primarily characterized by the
expectation of affectional or sexual involvement. The term does not include a
casual relationship or an ordinary association between persons in a business or
social context.

Sec. 6. NRS 33.030 is hereby amended to
read as follows:

33.030 1. The court by a temporary order may:

(a) Enjoin the adverse party from threatening,
physically injuring or harassing the applicant or minor child, either directly
or through an agent;

(b) Exclude the adverse party from the applicants
place of residence;

(c) Prohibit the adverse party from entering the
residence, school or place of employment of the applicant or minor child and
order him to stay away from any specified place frequented regularly by them;

(d) If it has jurisdiction under chapter 125A of NRS,
grant temporary custody of the minor child to the applicant; and

(e) Order such other relief as it deems necessary in
an emergency situation.

2. The court by an extended order may grant any
relief enumerated in subsection 1 and:

(a) Specify arrangements for visitation of the minor
child by the adverse party and require supervision of that visitation by a
third party if necessary; and

(b) Order the adverse party to:

(1) Avoid or limit communication with the
applicant or minor child;

(2) Pay rent or make payments on a mortgage on
the applicants place of residence [or pay];

(3)
Pay for the support of the applicant or minor child , including, without limitation, support
of a minor child for whom a guardian has been appointed pursuant to chapter 159
of NRS or a minor child who has been placed in protective custody pursuant to
chapter 432B of NRS, if he is found to have a duty to support the
applicant or minor child; [and

(3)](4) Pay all costs
and fees incurred by the applicant in bringing the action[.] ; and

(5)
Pay monetary compensation to the applicant for lost earnings and expenses incurred
as a result of the applicant attending any hearing concerning an application
for an extended order.

3. If an extended order is issued by a justice court,
an interlocutory appeal lies to the district court, which may affirm, modify or
vacate the order in question. The appeal may be taken without bond, but its
taking does not stay the effect or enforcement of the order.

4. A temporary or extended order must specify, as
applicable, the county and city, if any, in which the residence, school, child
care facility or other provider of child care, and place of employment of the
applicant or minor child are located.

5. A temporary or extended order must provide notice
that a person who is arrested for violating the order will not be admitted to
bail sooner than 12 hours after his arrest if the arresting officer determines
that such a violation is accompanied by a direct or indirect threat of harm.

Sec. 7. NRS 33.070 is hereby amended to
read as follows:

33.070 1. Every temporary or extended order must
include a provision ordering any law enforcement officer to arrest an adverse
party if the officer has probable cause to believe that the adverse party has
violated any provision of the order. The law enforcement officer may make an
arrest with or without a warrant and regardless of whether the violation occurs
in his presence.

2. If a law enforcement officer cannot verify that
the adverse party was served with a copy of the application and order, he
shall:

(a) Inform the adverse party of the specific terms and
conditions of the order;

(b) Inform the adverse party that he now has notice of
the provisions of the order and that a violation of the order will result in
his arrest; [and]

(c) Inform the adverse party of the location of the
court that issued the original order and the hours during which the adverse
party may obtain a copy of the order[.] ; and

(d) Inform
the adverse party of the date and time set for a hearing on an application for
an extended order, if any.

3. Information concerning the terms and conditions of
the order, the date and time of the notice provided to the adverse party and
the name and identifying number of the officer who gave the notice must be
provided in writing to the applicant and noted in the records of the law
enforcement agency and the court.

Sec. 8. NRS 441A.220 is hereby amended
to read as follows:

441A.220 All information of a personal nature about
any person provided by any other person reporting a case or suspected case of a
communicable disease, or by any person who has a communicable disease, or as
determined by investigation of the health authority, is confidential medical
information and must not be disclosed to any person under any circumstances,
including pursuant to any subpoena, search warrant or discovery proceeding,
except as follows:

1. For statistical purposes, provided that the
identity of the person is not discernible from the information disclosed.

2. In a prosecution for a violation of this chapter.

3. In a proceeding for an injunction brought pursuant
to this chapter.

4. In reporting the actual or suspected abuse or
neglect of a child or elderly person.

5. To any person who has a medical need to know the
information for his own protection or for the well-being of a patient or
dependent person, as determined by the health authority in accordance with
regulations of the Board.

6. If the person who is the subject of the
information consents in writing to the disclosure.

8. If the disclosure is made to the Department of
Health and Human Services and the person about whom the disclosure is made has
been diagnosed as having acquired immunodeficiency syndrome or an illness
related to the human immunodeficiency virus and is a recipient of or an
applicant for Medicaid.

9. To a firefighter, police officer or person
providing emergency medical services if the Board has determined that the
information relates to a communicable disease significantly related to that
occupation. The information must be disclosed in the manner prescribed by the
Board.

10. If the disclosure is authorized or required by
specific statute.

Sec. 9. NRS 441A.320 is hereby amended
to read as follows:

441A.320 1. [As soon as practicable
after:

(a) A
person is arrested for the commission of a crime; or

(b) A
minor is detained for the commission of an act which, if committed by a person
other than a minor would have constituted a crime,

Κ which]If the alleged victim or a witness
to a crime alleges that the crime involved
the sexual penetration of the victims body, the health authority shall perform the tests set forth in
subsection 2 as soon as practicable after the arrest of the person alleged to
have committed the crime, but not later than 48 hours after the person is
charged with the crime by indictment or information, unless the person alleged
to have committed the crime is a child who will be adjudicated in juvenile
court and then not later than 48 hours after the petition is filed with the
juvenile court alleging that the child is delinquent for committing such an
act.

2. If
the health authority is required to perform tests pursuant to subsection 1, it
must test a specimen obtained from the arrested person [or
detained minor] for exposure to the human immunodeficiency
virus and any commonly contracted sexually transmitted disease, regardless of
whether he or, if [a detained minor,]the person is a child, his parent or guardian
consents to providing the specimen. The agency that has custody of the arrested
person [or detained minor] shall obtain the
specimen and submit it to the health authority for testing. The health
authority shall perform the test in accordance with generally accepted medical
practices.

[2. The]

3. In
addition to the test performed pursuant to subsection 2, the health authority
shall perform such follow-up tests for the human immunodeficiency virus as may
be deemed medically appropriate.

4. As
soon as practicable, the health authority shall disclose the
results of all tests performed pursuant to subsection [1]2 or 3 to:

(a) The victim or to the victims parent or guardian
if the victim is a [minor;]child; and

(b) The arrested person and, if [a minor is detained,]the person is a child, to
his parent or guardian.

[3.]5. If the health authority determines, from
the results of a test performed pursuant to subsection [1,]2 or 3, that a victim of
sexual assault may have been exposed to the human immunodeficiency virus or any
commonly contracted sexually transmitted disease, it shall, at the request of
the victim, provide him with:

(a) An examination for exposure to the human
immunodeficiency virus and any commonly contracted sexually transmitted disease
to which the health authority determines he may have been exposed;

(b) Counseling regarding the human immunodeficiency
virus and any commonly contracted sexually transmitted disease to which the
health authority determines he may have been exposed; and

(c) A referral for health care and other assistance,

Κ as
appropriate.

[4.]6. If the court in:

(a) A criminal proceeding determines that a person has
committed a crime; or

(b) A proceeding conducted pursuant to title 5 of NRS
determines that a [minor]child has committed an act which, if committed
by [a person other than a minor,]an adult, would have
constituted a crime,

Κ involving
the sexual penetration of a victims body, the court shall, upon application by
the health authority, order that [minor]child or other person to
pay any expenses incurred in carrying out this section with regard to that [minor]child or other
person and that victim.

[5.]7. The Board shall adopt regulations
identifying, for the purposes of this section, sexually transmitted diseases
which are commonly contracted.

[6.]8. As used in this section:

(a) Sexual assault means a violation of NRS 200.366.

(b) Sexual penetration has the meaning ascribed to
it in NRS 200.364.

________

CHAPTER 319, AB 195

Assembly Bill No.
195Committee on Commerce and Labor

CHAPTER 319

AN ACT
relating to property; revising the provisions relating to the conversion of a
common-interest community; establishing provisions relating to a tenants
remedies under certain circumstances; requiring a landlord to provide copies of
written rental agreements; revising the provisions relating to the required
disclosure of the names and addresses of managers and owners; providing that a
dwelling unit is not habitable if it violates certain provisions of housing or
health codes; revising provisions relating to the enforceability of an adopted
rule or regulation governing a rental agreement; making changes to the
provisions relating to a tenants remedies under certain circumstances; making
various other changes relating to residential landlords and tenants; and
providing other matters properly relating thereto.

[Approved: June 2,
2007]

Legislative Counsels Digest:

Existing law sets forth certain requirements for
notification of residential tenants and subtenants relating to the conversion
of a common-interest community. (NRS 116.4112) Section 1 of this bill
provides that if a majority of residential tenants or subtenants are required
to vacate under certain circumstances, a rebuttable presumption is created that
the owner intended to offer the vacated premises as units in a common-interest
community.

Existing law sets forth certain requirements
relating to a written rental agreement. (NRS 118A.200) Section 2 of this
bill requires a landlord to provide to the tenant one free copy of any written
agreement entered into by the tenant and landlord. Section 2 also
requires a landlord to provide additional copies of any such agreement upon
request by the tenant within a reasonable time and for a reasonable fee.

Existing law requires a landlord to disclose the
name and address of managers and owners and provides that service of process in
any action may be made upon the manager of the property. (118A.260) Section
3 of this bill requires a landlord to provide an address in Nevada for a person authorized to act for and on behalf of the landlord for service of
process. Section 3 also allows service of process to be made upon
certain persons in addition to the manager. Section 4 of this bill
provides that a dwelling unit is not habitable if it violates provisions of
housing or health codes concerning the health, safety, sanitation or fitness
for habitation of the dwelling unit. (NRS 118A.290)

Existing law provides that rules and regulations
adopted after a tenant enters into a rental agreement are enforceable against
the tenant under certain circumstances. (NRS 118A.320) Section 5 of this
bill provides that the adoption of such rules or regulations does not affect
the tenants obligation to pay rent and other charges or the tenants right
under a rental agreement to keep a pet.

Existing law sets forth various remedies for a
tenant when there is a breach of a rental agreement or a failure by the
landlord to maintain the dwelling unit in a habitable condition and requires a
tenant to give notice of such breach or failure to the landlord before the
tenant may recover damages under certain circumstances. (NRS 118A.350,
118A.380) Sections 1.5 and 6 of this bill separate the provisions
concerning a breach of a rental agreement from the provisions concerning a
landlords failure to maintain a dwelling unit in a habitable condition and
allow a tenant to withhold rent when there is a breach if he gives notice of
such breach to the landlord. Sections 1.5and 7 of this
bill also allow a tenant to withhold rent without giving such notice if the
landlord has received a notice of the condition constituting the breach or
failure from a governmental agency and the landlord fails to remedy or attempt
in good faith to remedy the breach or failure within a specified time. In
addition, section 1.5 requires justice courts to establish a mechanism
by which tenants may deposit withheld rent into an escrow account. Section
1.5 further provides that a tenant has no defense to an eviction proceeding
for withholding rent while awaiting a landlords remedy or attempted remedy of
a failure to maintain the dwelling unit in a habitable condition unless the
tenant has deposited the withheld rent into the escrow account.

Existing law provides that a tenant is guilty of an
unlawful detainer if he suffers, permits or maintains on or about the premises
any nuisance. (NRS 40.2514) Section 8 of this bill requires that such a
nuisance must consist of conduct or an ongoing condition that obstructs the
free use of property and causes injury and damage for the nuisance to evidence
guilt of an unlawful detainer.

Section 9 of this bill makes a technical
correction to an internal reference to a statute.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 116.4112 is hereby amended to read as follows:

116.4112 1. A declarant of a common-interest
community containing converted buildings, and any dealer who intends to offer
units in such a common-interest community, shall give each of the residential
tenants and any residential subtenant in possession of a portion of a converted
building notice of the conversion and provide those persons with the public
offering statement no later than 120 days before the tenants and any subtenant
in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and must be
hand-delivered to the unit or mailed by prepaid United States mail to the
tenant and subtenant at the address of the unit or any other mailing address
provided by a tenant.

rights of tenants and subtenants under this section and must
be hand-delivered to the unit or mailed by prepaid United States mail to the
tenant and subtenant at the address of the unit or any other mailing address
provided by a tenant. No tenant or subtenant may be required to vacate upon
less than 120 days notice, except by reason of nonpayment of rent, waste or
conduct that disturbs other tenants peaceful enjoyment of the premises, and
the terms of the tenancy may not be altered during that period. Failure to give
notice as required by this section is a defense to an action for possession. If, during the 6-month period before
the recording of a declaration, a majority of the tenants or any subtenants in
possession of any portion of the property described in such declaration has
been required to vacate for reasons other than nonpayment of rent, waste or
conduct that disturbs other tenants peaceful enjoyment of the premises, a
rebuttable presumption is created that the owner of such property intended to
offer the vacated premises as units in a common-interest community at all times
during that 6-month period.

2. For 60 days after delivery or mailing of the
notice described in subsection 1, the person required to give the notice shall
offer to convey each unit or proposed unit occupied for residential use to the
tenant who leases that unit. If a tenant fails to purchase the unit during that
60-day period, the offeror may not offer to dispose of an interest in that unit
during the following 180 days at a price or on terms more favorable to the
offeree than the price or terms offered to the tenant. This subsection does not
apply to any unit in a converted building if that unit will be restricted
exclusively to nonresidential use or the boundaries of the converted unit do
not substantially conform to the dimensions of the residential unit before
conversion.

3. If a seller, in violation of subsection 2, conveys
a unit to a purchaser for value who has no knowledge of the violation, the
recordation of the deed conveying the unit or, in a cooperative, the conveyance
of the unit, extinguishes any right a tenant may have under subsection 2 to
purchase that unit if the deed states that the seller has complied with
subsection 2, but the conveyance does not affect the right of a tenant to
recover damages from the seller for a violation of subsection 2.

4. If a notice of conversion specifies a date by
which a unit or proposed unit must be vacated and otherwise complies with the
provisions of NRS 40.251 and 40.280, the notice also constitutes a notice to
vacate specified by those sections.

5. This section does not permit termination of a
lease by a declarant in violation of its terms.

Sec. 1.5. Chapter 118A of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this
chapter, if a landlord fails to maintain a dwelling unit in a habitable
condition as required by this chapter, the tenant shall deliver a written
notice to the landlord specifying each failure by the landlord to maintain the
dwelling unit in a habitable condition and requesting that the landlord remedy
the failures. If a failure is remediable and the landlord adequately remedies
the failure or uses his best efforts to remedy the failure within 14 days after
receipt of the notice, the tenant may not proceed under this section. If the
landlord fails to remedy a material failure
to maintain the dwelling unit in a habitable condition or to make a reasonable
effort to do so within the prescribed time, the tenant may:

remedy a
material failure to maintain the dwelling unit in a habitable condition or to
make a reasonable effort to do so within the prescribed time, the tenant may:

(a) Terminate
the rental agreement immediately.

(b) Recover
actual damages.

(c) Apply
to the court for such relief as the court deems proper under the circumstances.

(d) Withhold
any rent that becomes due without incurring late fees, charges for notice or
any other charge or fee authorized by this chapter or the rental agreement
until the landlord has remedied, or has attempted in good faith to remedy, the
failure.

2. The
tenant may not proceed under this section:

(a) For a
condition caused by his own deliberate or negligent act or omission or that of
a member of his household or other person on the premises with his consent; or

(b) If
the landlords inability to adequately remedy the failure or use his best
efforts to remedy the failure within 14 days is due to the tenants refusal to
allow lawful access to the dwelling unit as required by the rental agreement or
this chapter.

3. If
the rental agreement is terminated, the landlord shall return all prepaid rent
and security recoverable by the tenant under this chapter.

4. A
tenant may not proceed under this section unless he has given notice as
required by subsection 1, except that the tenant may, without giving that
notice:

(a) Recover
damages under paragraph (b) of subsection 1 if the landlord:

(1)
Admits to the court that he had knowledge of the condition constituting the
failure to maintain the dwelling in a habitable condition; or

(2)
Has received written notice of that condition from a governmental agency
authorized to inspect for violations of building, housing or health codes.

(b) Withhold
rent under paragraph (d) of subsection 1 if the landlord:

(1)
Has received written notice of the condition constituting the failure to
maintain the dwelling in a habitable condition from a governmental agency
authorized to inspect for violations of building, housing or health codes; and

(2)
Fails to remedy or attempt in good faith to remedy the failure within the time
prescribed in the written notice of that condition from the governmental
agency.

5. Justice
courts shall establish by local rule a mechanism by which tenants may deposit
rent withheld under paragraph (d) of subsection 1 into an escrow account
maintained or approved by the court. A tenant does not have a defense to an eviction
under paragraph (d) of subsection 1 unless the tenant has deposited the
withheld rent into an escrow account pursuant to this subsection.

Sec. 2. NRS 118A.200 is hereby amended
to read as follows:

118A.200 1. Any written agreement for the use and
occupancy of a dwelling unit or premises must be signed by the landlord or his
agent and the tenant or his agent.

2. The
landlord shall provide one copy of any written agreement described in
subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide
additional copies of any such agreement to the tenant within a reasonable time.

agreement is
executed and, upon request of the tenant, provide additional copies of any such
agreement to the tenant within a reasonable time. The landlord may charge a
reasonable fee for providing the additional copies.

3. Any
written rental agreement must contain, but is not limited to, provisions
relating to the following subjects:

(a) Duration of the agreement.

(b) Amount of rent and the manner and time of its
payment.

(c) Occupancy by children or pets.

(d) Services included with the dwelling rental.

(e) Fees which are required and the purposes for which
they are required.

(f) Deposits which are required and the conditions for
their refund.

(g) Charges which may be required for late or partial
payment of rent or for return of any dishonored check.

(h) Inspection rights of the landlord.

(i) A listing of persons or numbers of persons who are
to occupy the dwelling.

(j) Respective responsibilities of the landlord and
the tenant as to the payment of utility charges.

(k) A signed record of the inventory and condition of
the premises under the exclusive custody and control of the tenant.

(l) A summary of the provisions of NRS 202.470.

(m) Information regarding the procedure pursuant to
which a tenant may report to the appropriate authorities:

(1) A nuisance.

(2) A violation of a building, safety or health
code or regulation.

(n) Information regarding the right of the tenant to
engage in the display of the flag of the United States, as set forth in NRS
118A.325.

[3.]4. The absence of a written agreement raises
a disputable presumption that:

(a) There are no restrictions on occupancy by children
or pets.

(b) Maintenance and waste removal services are
provided without charge to the tenant.

(c) No charges for partial or late payments of rent or
for dishonored checks are paid by the tenant.

(d) Other than normal wear, the premises will be
returned in the same condition as when the tenancy began.

[4.]5. It is unlawful for a landlord or any
person authorized to enter into a rental agreement on his behalf to use any
written agreement which does not conform to the provisions of this section, and
any provision in an agreement which contravenes the provisions of this section
is void.

Sec. 3. NRS 118A.260 is hereby amended
to read as follows:

118A.260 1. The landlord, or any person authorized
to enter into a rental agreement on his behalf, shall disclose to the tenant in
writing at or before the commencement of the tenancy:

(a) The name and address of:

(1) The persons authorized to manage the
premises;

(2) A person within this State authorized to act for and on
behalf of the landlord for the purpose of service of process and receiving
notices and demands; and

(b) A telephone number at which a responsible person
who resides in the county or within 60 miles of where the premises are located
may be called in case of emergency.

2. The information required to be furnished by this
section must be kept current, and this section is enforceable against any
successor landlord or manager of the premises.

3. A party who enters into a rental agreement on
behalf of the landlord and fails to comply with this section is an agent of the
landlord for purposes of:

(a) Service of process and receiving notices and
demands; and

(b) Performing the obligations of the landlord under
law and under the rental agreement.

4. In any action against a landlord which involves
his rental property, service of process upon the manager of the property or a person described in paragraph (a)
of subsection 1 shall be deemed to be service upon the landlord.
The obligations of the landlord devolve upon the persons authorized to enter
into a rental agreement on his behalf.

5. This section does not limit or remove the
liability of an undisclosed landlord.

Sec. 4. NRS 118A.290 is hereby amended
to read as follows:

118A.290 1. The landlord shall at all times during
the tenancy maintain the dwelling unit in a habitable condition. A dwelling
unit is not habitable if it
violates provisions of housing or health codes concerning the health, safety,
sanitation or fitness for habitation of the dwelling unit or if
it substantially lacks:

(a) Effective waterproofing and weather protection of
the roof and exterior walls, including windows and doors.

(b) Plumbing facilities which conformed to applicable
law when installed and which are maintained in good working order.

(c) A water supply approved under applicable law,
which is:

(1) Under the control of the tenant or landlord
and is capable of producing hot and cold running water;

(2) Furnished to appropriate fixtures; and

(3) Connected to a sewage disposal system
approved under applicable law and maintained in good working order to the
extent that the system can be controlled by the landlord.

(d) Adequate heating facilities which conformed to
applicable law when installed and are maintained in good working order.

(e) Electrical lighting, outlets, wiring and
electrical equipment which conformed to applicable law when installed and are
maintained in good working order.

(f) An adequate number of appropriate receptacles for
garbage and rubbish in clean condition and good repair at the commencement of
the tenancy. The landlord shall arrange for the removal of garbage and rubbish
from the premises unless the parties by written agreement provide otherwise.

(g) Building, grounds, appurtenances and all other
areas under the landlords control at the time of the commencement of the
tenancy in every part clean, sanitary and reasonably free from all
accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.

(i) Ventilating, air-conditioning and other facilities
and appliances, including elevators, maintained in good repair if supplied or
required to be supplied by the landlord.

2. The landlord and tenant may agree that the tenant
is to perform specified repairs, maintenance tasks and minor remodeling only
if:

(a) The agreement of the parties is entered into in
good faith; and

(b) The agreement does not diminish the obligations of
the landlord to other tenants in the premises.

3. An agreement pursuant to subsection 2 is not
entered into in good faith if the landlord has a duty under subsection 1 to
perform the specified repairs, maintenance tasks or minor remodeling and the
tenant enters into the agreement because the landlord or his agent has refused
to perform them.

Sec. 5. NRS 118A.320 is hereby amended
to read as follows:

118A.320 1. The landlord, from time to time, may
adopt rules or regulations concerning the tenants use and occupancy of the
premises. Such a rule or regulation is enforceable against the tenant only if:

(a) Its purpose is to promote the convenience, safety
or welfare of the landlord or tenants in the premises, preserve the landlords
property from abusive use or make a fair distribution of services and
facilities held out for the tenants generally;

(b) It is reasonably related to the purpose for which
it is adopted;

(c) It applies to all tenants in the premises in a
fair manner;

(d) It is sufficiently explicit in its prohibition,
direction or limitation of the tenants conduct fairly to inform the tenant of
what must or must not be done to comply;

(e) It is in good faith and not for the purpose of
evading an obligation of the landlord; [and]

(f) It
does not affect the tenants obligation to pay rent, utilities or other
charges;

(g) It
does not affect, before the end of the duration of the rental agreement, any
right the tenant may have under the rental agreement to keep a pet; and

(h) The
tenant has notice of the rule or regulation at the time he enters into the
rental agreement or after the rule or regulation is adopted by the landlord.

2. A rule or regulation adopted after the tenant
enters into the rental agreement which works a material modification of the
bargain is enforceable against a tenant:

(a) Who expressly consents to [it]the rule or regulation in
writing; or

(b) Who has 30 days advance written notice of [it.] the rule or regulation.

Sec. 6. NRS 118A.350 is hereby amended
to read as follows:

118A.350 1. Except as otherwise provided in this
chapter, if the landlord fails to comply with the rental agreement ,[or fails to maintain the
dwelling unit in a habitable condition as required by this chapter,]
the tenant shall deliver a written notice to the landlord specifying the acts
and omissions constituting the breach and stating that the rental agreement
will terminate as provided in this section. If the breach is remediable and the
landlord adequately remedies the breach or uses his best efforts to remedy the
breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach.

does not terminate by reason of the breach. If the landlord
fails to remedy the breach or make a reasonable effort to do so within the
prescribed time, the tenant may:

(a) Terminate the rental agreement immediately.

(b) Recover actual damages.

(c) Apply to the court for such relief as the court
deems proper under the circumstances.

2. The tenant may not terminate the rental agreement for a condition caused
by his own deliberate or negligent act or omission or that of a member of his
household or other person on the premises with his consent.

3. If the rental agreement is terminated, the landlord
shall return all prepaid rent and security recoverable by the tenant under this
chapter.

4. A tenant may not proceed under this section unless
he has given notice as required by subsection 1, except that the tenant may,
without giving that notice, recover damages under paragraph (b) of subsection 1
if the landlord:

(a) Admits to the court that he had knowledge of the
condition constituting the breach; or

(b) Has received written notice of that condition from
a governmental agency authorized to inspect for violations of building, housing
or health codes.

Sec. 7. NRS 118A.380 is hereby amended
to read as follows:

118A.380 1. If the landlord is required by the
rental agreement or this chapter to supply heat, air-conditioning, running
water, hot water, electricity, gas, or another essential service and he
willfully or negligently fails to do so, causing the premises to become unfit
for habitation, the tenant shall give written notice to the landlord specifying
the breach. If the landlord does not adequately remedy the breach, or use his
best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or
legal holiday, after it is received by the landlord, the tenant may, in
addition to any other remedy:

(a) Procure reasonable amounts of such essential
services during the landlords noncompliance and deduct their actual and
reasonable cost from the rent;

(b) Recover actual damages, including damages based
upon the lack of use of the premises or the diminution of the fair rental value
of the dwelling unit;

(c) Withhold any rent that becomes due during the
landlords noncompliance without incurring late fees, charges for notice or any
other charge or fee authorized by this chapter or the rental agreement, until
the landlord has attempted in good faith to restore the essential services; or

(d) Procure other housing which is comparable during
the landlords noncompliance, and the rent for the original premises fully
abates during this period. The tenant may recover the actual and reasonable
cost of that other housing which is in excess of the amount of rent which is
abated.

2. If the tenant proceeds under this section, he may
not proceed under NRS 118A.350 and 118A.360 as to that breach.

3. The rights of the tenant under this section do not
arise until he has given written notice as required by subsection 1, except
that the tenant may, without having given that notice[, recover]:

(a) Recover
damages as authorized under paragraph (b) of subsection 1 if the
landlord:

[(a)](1) Admits to the court that he had knowledge
of the lack of such essential services; or

[(b)](2) Has received written notice of the
uninhabitable condition caused by such a lack from a governmental agency
authorized to inspect for violations of building, housing or health codes.

(b) Withhold
rent under paragraph (c) of subsection 1 if the landlord:

(1)
Has received written notice of the condition constituting the breach from a
governmental agency authorized to inspect for violations of building, housing
or health codes; and

(2)
Fails to remedy or attempt in good faith to remedy the breach within the time
prescribed in the written notice of that condition from the governmental
agency.

4. The rights of the tenant under paragraph (c) of
subsection 1 do not arise unless the tenant is current in the payment of rent
at the time of giving written notice pursuant to subsection 1.

5. If such a condition was caused by the deliberate
or negligent act or omission of the tenant, a member of his household or other
person on the premises with his consent, the tenant has no rights under this
section.

Sec. 8. NRS 40.2514 is hereby amended
to read as follows:

40.2514 A tenant of real property or a mobile home
for a term less than life is guilty of an unlawful detainer when he:

1. Assigns or sublets the leased premises contrary to
the covenants of the lease;

2. Commits or permits waste thereon;

3. Sets up or carries on therein or thereon any
unlawful business;

4. Suffers, permits or maintains on or about the
premises any nuisance[;]that consists of conduct or an
ongoing condition which constitutes an unreasonable obstruction to the free use
of property and causes injury and damage to other tenants or occupants of that
property or adjacent buildings or structures; or

5. Violates any of the provisions of NRS 453.011 to
453.552, inclusive, except NRS 453.336, therein or thereon,

Κ and remains
in possession after service upon him of 3 days notice to quit.

Sec. 9. NRS 40.280 is hereby amended to
read as follows:

40.280 1. Except as otherwise provided in NRS
40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:

(a) By delivering a copy to the tenant personally, in
the presence of a witness;

(b) If he is absent from his place of residence or
from his usual place of business, by leaving a copy with a person of suitable
age and discretion at either place and mailing a copy to the tenant at his
place of residence or place of business; or

(c) If the place of residence or business cannot be
ascertained, or a person of suitable age or discretion cannot be found there,
by posting a copy in a conspicuous place on the leased property, delivering a
copy to a person there residing, if the person can be found, and mailing a copy
to the tenant at the place where the leased property is situated.

2. Service upon a subtenant may be made in the same
manner as provided in subsection 1.

3. Before an order to remove a tenant is issued
pursuant to subsection [6]5 of NRS 40.253, a landlord shall file with
the court a proof of service of any notice required by that section. Except as
otherwise provided in subsection 4, this proof must consist of:

(a) A statement, signed by the tenant and a witness,
acknowledging that the tenant received the notice on a specified date;

(b) A certificate of mailing issued by the United
States Postal Service; or

(c) The endorsement of a sheriff, constable or other
process server stating the time and manner of service.

4. If service of the notice was not delivered in
person to a tenant whose rent is reserved by a period of 1 week or less and the
tenancy has not continued for more than 45 days, proof of service must include:

(a) A certificate of mailing issued by the United
States Postal Service or by a private postal service to the landlord or his
agent; or

(b) The endorsement of a sheriff or constable stating
the:

(1) Time and date the request for service was
made by the landlord or his agent;

AN ACT
relating to firearms; revising certain provisions pertaining to the regulation
of firearms by local governments; and providing other matters properly relating
thereto.

[Approved: June 4,
2007]

Legislative Counsels Digest:

Assembly Bill No. 147 of the 1989 Legislative
Session (Chapter 308, Statutes of Nevada 1989, p. 653) reserved for the
Legislature the rights and powers necessary to regulate the transfer, sale,
purchase, possession, ownership, transportation, registration and licensing of
firearms and ammunition in this State. However, section 5 of Assembly
Bill No. 147 provided that the preemptive effect of the bill applied only to
ordinances or regulations adopted by local governments on or after June 13,
1989. This bill requires the amendment of ordinances or regulations adopted by
local governments before June 13, 1989, that require registration of a firearm
capable of being concealed to impose: (1) a period of at least 60 days of
residency in the jurisdiction before registration of such a firearm is
required; and (2) a period of at least 72 hours for the registration of a
pistol by a resident of the jurisdiction upon transfer of title to the pistol
to the resident by purchase, gift or any other transfer.

For the purposes of the amendatory provisions of
this bill relating to the registration of firearms, and for the purposes of the
authority of local governments to proscribe the unsafe discharge of firearms,
this bill revises the definition of firearm to use the more narrow definition
set forth in NRS 202.253, pursuant to which a firearm is a device designed to
be used as a weapon from which a projectile may be expelled through the barrel
by the force of any explosion or other form of combustion. For the purposes of
state preemption of the local regulation of firearms, this bill retains the
broader definition of firearm already used in NRS 244.364, 268.418 and
269.222, pursuant to which a firearm is any weapon from which a projectile is
discharged by means of an explosive, spring, gas, air or other force.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 244.364 is hereby
amended to read as follows:

244.364 1. Except as otherwise provided by specific
statute, the Legislature reserves for itself such rights and powers as are
necessary to regulate the transfer, sale, purchase, possession, ownership,
transportation, registration and licensing of firearms and ammunition in
Nevada, and no county may infringe upon those rights and powers. As used in this subsection, firearm
means any weapon from which a projectile is discharged by means of an
explosive, spring, gas, air or other force.

2. A board of county commissioners may proscribe by
ordinance or regulation the unsafe discharge of firearms.

3. If a
board of county commissioners in a county whose population is 400,000 or more
has required by ordinance or regulation adopted before June 13, 1989, the
registration of a firearm capable of being concealed, the board of county commissioners
shall amend such an ordinance or regulation to require:

(a) A
period of at least 60 days of residency in the county before registration of
such a firearm is required.

(b) A
period of at least 72 hours for the registration of a pistol by a resident of
the county upon transfer of title to the pistol to the resident by purchase,
gift or any other transfer.

4. [As]Except as otherwise provided in
subsection 1, as used in this section[, firearm]:

(a) Firearm
means any device
designed to be used as a weapon from which a projectile [is
discharged by means of an explosive, spring, gas, air or other force.] may be expelled through the barrel by
the force of any explosion or other form of combustion.

(b) Firearm
capable of being concealed includes all firearms having a barrel less than 12
inches in length.

(c) Pistol
means a firearm capable of being concealed that is intended to be aimed and
fired with one hand.

Sec. 2. NRS 268.418 is hereby amended to read
as follows:

268.418 1. Except as otherwise provided by specific
statute, the Legislature reserves for itself such rights and powers as are
necessary to regulate the transfer, sale, purchase, possession, ownership,
transportation, registration and licensing of firearms and ammunition in
Nevada, and no city may infringe upon those rights and powers. As used in this subsection, firearm
means any weapon from which a projectile is discharged by means of an
explosive, spring, gas, air or other force.

2. The governing body of a city may proscribe by
ordinance or regulation the unsafe discharge of firearms.

3. If
the governing body of a city in a county whose population is 400,000 or more
has required by ordinance or regulation adopted before June 13, 1989, the
registration of a firearm capable of being concealed, the governing body shall
amend such an ordinance or regulation to require:

(a) A
period of at least 60 days of residency in the city before registration of such
a firearm is required.

(b) A
period of at least 72 hours for the registration of a pistol by a resident of
the city upon transfer of title to the pistol to the resident by purchase, gift
or any other transfer.

4. [As]Except as otherwise provided in
subsection 1, as used in this section[, firearm]:

(a) Firearm
means any device
designed to be used as a weapon from which a projectile [is
discharged by means of an explosive, spring, gas, air or other force.] may be expelled through the barrel by
the force of any explosion or other form of combustion.

(b) Firearm
capable of being concealed includes all firearms having a barrel less than 12
inches in length.

(c) Pistol
means a firearm capable of being concealed that is intended to be aimed and
fired with one hand.

Sec. 3. NRS 269.222 is hereby amended to read
as follows:

269.222 1. Except as otherwise provided by specific
statute, the Legislature reserves for itself such rights and powers as are
necessary to regulate the transfer, sale, purchase, possession, ownership,
transportation, registration and licensing of firearms and ammunition in
Nevada, and no town may infringe upon those rights and powers. As used in this subsection, firearm
means any weapon from which a projectile is discharged by means of an
explosive, spring, gas, air or other force.

2. A town board may proscribe by ordinance or
regulation the unsafe discharge of firearms.

3. If a
town board in a county whose population is 400,000 or more has required by
ordinance or regulation adopted before June 13, 1989, the registration of a
firearm capable of being concealed, the town board shall amend such an
ordinance or regulation to require:

(a) A
period of at least 60 days of residency in the town before registration of such
a firearm is required.

(b) A
period of at least 72 hours for the registration of a pistol by a resident of
the town upon transfer of title to the pistol to the resident by purchase, gift
or any other transfer.

4. [As]Except as otherwise provided in
subsection 1, as used in this section[, firearm]:

(a) Firearm
means any device
designed to be used as a weapon from which a projectile [is
discharged by means of an explosive, spring, gas, air or other force.] may be expelled through the barrel by
the force of any explosion or other form of combustion.

(b) Firearm
capable of being concealed includes all firearms having a barrel less than 12
inches in length.

(c) Pistol
means a firearm capable of being concealed that is intended to be aimed and
fired with one hand.

1. Except as otherwise provided in subsection 2, the
provisions of this act apply [only]
to ordinances or regulations adopted on or after [the effective date of
this act.]
June 13, 1989.

2. The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13,
1989.

Sec. 5. A board of county commissioners,
governing body of a city and town board in a county whose population is 400,000
or more shall amend any ordinance or regulation adopted by that body before June 13, 1989, that does not conform with the provisions of NRS 244.364, as amended by
section 1 of this act, NRS 268.418, as amended by section 2 of this act or NRS
269.222, as amended by section 3 of this act, as applicable, by January 1,
2008. Any ordinance or regulation that does not comply with the applicable
provision by January 1, 2008, shall be deemed to conform with that provision by
operation of law.

________

CHAPTER 321, SB 101

Senate Bill No.
101Senators Mathews and Washington

CHAPTER 321

AN ACT
relating to the City of Sparks; authorizing the City Council to employ Special
Counsel under certain circumstances; revising certain provisions governing the
qualifications of members of the Civil Service Commission; and providing other
matters properly relating thereto.

[Approved: June 4,
2007]

Legislative Counsels Digest:

Section 1 of this bill authorizes the City
Council of the City of Sparks, by majority vote, after conducting a public
hearing, to employ attorneys to perform any civil or criminal duty of the City
Attorney. Section 1 further provides that those attorneys are
responsible only to the City Council and that the City Attorney does not have
any authority over the employment of an attorney hired by the City Council
pursuant to this section of the bill.

Section 2 of this bill amends the Sparks
City Charter to prohibit a person from serving as a member of the Civil Service
Commission if the person is: (1) an employee of the City of Sparks; (2) serving
as an appointed member of any other board, commission or committee of the City;
or (3) related within the third degree of consanguinity or affinity to a person
who is an employee of the City of Sparks. (Sparks City Charter § 9.010) Section
3 of this bill exempts current members of the Civil Service Commission from
these provisions until their current terms expire.

Section 1. The
Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto a new section to be
designated as section 3.055, immediately following section 3.050, to read as
follows:

Sec. 3.055 Employment of Special
Counsel. The City Council may, by majority vote, after conducting a public hearing, employ attorneys to perform any civil or
criminal duty of the City Attorney. Such attorneys are responsible only to the
City Council, and the City Attorney shall have no responsibility or authority
concerning the subject matter of such employment.

Sec. 2. Section
9.010 of the Charter of the City of Sparks, being chapter 470, Statutes of
Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page
791, is hereby amended to read as follows:

1. There
is a Civil Service Commission consisting of five residents of the City who must
be appointed by the Mayor, subject to confirmation by the City Council. They
shall serve terms as established by ordinance.

2. A person may not serve as a member of
the Commission if he is:

(a) An employee of the City;

(b) A member of the City Council
or an appointed member of any other board, commission or committee of the City;
or

(c) Related within the third
degree of consanguinity or affinity to a person who is an employee of the City.

3. Every person
appointed as a member of the Commission shall, before entering upon the duties
of his office, take and subscribe the oath of office prescribed by the
Constitution of this State, and file it, certified by the officer administering
it, with the Clerk of the City.

[3.]4. Any member of
the Commission may be removed by a majority vote of the Commission for cause,
including the failure or refusal to perform the duties of the office, the
absence from three successive regular meetings of the Commission, or ceasing to
meet any qualification for appointment to the Commission as set forth in this section or provided
by the City Council.

[4.]5. Vacancies on the
[Civil Service] Commission from whatever
cause must be filled by appointment by the Mayor, subject to confirmation by
the City Council.

[5.]6. The City Council
shall provide the services of such employees as are necessary to enable the [Civil
Service] Commission to carry out its duties in a timely
and proficient manner.

[6.]7. The City Council
shall provide by ordinance the amount of compensation each member of the [Civil
Service] Commission is entitled to receive for each full
meeting he attends.

Sec. 3. The amendatory
provisions of section 2 of this act do not apply to the current term of a
person who is a member of the Civil Service Commission on October 1, 2007.

________

κ2007
Statutes of Nevada, Page 1293κ

CHAPTER 322, SB 203

Senate
Bill No. 203Senator Washington

CHAPTER 322

AN ACT relating to local financial administration; revising provisions
concerning the proceeds of the fee authorized to be imposed in certain counties
to pay for certain baseball stadium projects in certain circumstances;
extending the dates for the reversion of certain money previously transferred
and appropriated to the Interim Finance Committee to be allocated for Truckee
River improvement related projects; and providing other matters properly
relating thereto.

[Approved:
June 4, 2007]

Legislative
Counsels Digest:

Under existing law,
the board of county commissioners of a county whose population is 100,000 or
more but less than 400,000 (currently Washoe County) may impose a fee upon the
rental of passenger vehicles and issue revenue bonds of the county to acquire,
improve, equip, operate and maintain a minor league baseball stadium project to
be used for the home games of a Double-A or Triple-A affiliate of a Major
League Baseball team. (NRS 244A.0344,244A.058, 244A.800, 244A.830) Section
9.5 of this bill requires such a board of county commissioners to determine
whether certain criteria for the minor league baseball stadium project have
been met by October 1, 2007, and make a finding if all the criteria have been
met. If the criteria have not been met by October 1, 2007, sections 1-6
of this bill allow the proceeds of the applicable fees on the rental of
passenger vehicles and related revenue bonds to be used to acquire, lease,
improve, equip, operate and maintain any project that has been approved by the
Legislature, if the Legislature is in session, or by the Interim Finance
Committee, if the Legislature is not in session. Such a project may include the
acquisition, lease, improvement, equipment, operation and maintenance of a
baseball stadium that can be used for the home games of any professional
baseball team, and for certain other purposes, regardless of whether the
professional baseball team is affiliated with a Major League Baseball team.

For the 2005-2007
biennium, $650,000 was transferred from the Fund for the Promotion of Tourism
to the Interim Finance Committee for allocation to the Reno-Sparks Convention
and Visitors Authority to carry out a maximum of four projects relating to the
improvement of the Truckee River. (Section 5 of chapter 454, Statutes of Nevada
2005, p. 2088) For the same biennium, $600,000 was appropriated from the State
General Fund to the Interim Finance Committee for allocation to the Reno-Sparks
Convention and Visitors Authority for the same purpose. (Section 32 of chapter
7, Statutes of Nevada 2005, 22nd Special Session, p. 120) Sections 7 and 8
of this bill extend the dates by which the remaining balance of this money
reverts to the applicable Funds by 2 years.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 244A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. A
board that has adopted an ordinance imposing a fee pursuant to NRS 244A.810
may, on behalf of the county and in its name:

(a) Acquire,
lease, improve, equip, operate and maintain within the county a project that has been approved by the
Legislature, if the Legislature is in session, or the Interim Finance
Committee, if the Legislature is not in session.

(b) Subject
to the provisions of chapter 350 of NRS, issue revenue bonds of the county to
acquire, lease, improve or equip, or any combination
thereof, the project described in paragraph (a).

2. Bonds
issued pursuant to this section must be payable from the proceeds of the fee
imposed by the county pursuant to NRS 244A.810 and may be additionally secured
by and payable from the gross or net revenues of the project as provided by the
board in the ordinance authorizing the issuance of bonds or any instrument
supplemental or appertaining thereto.

Sec. 1.5. NRS 244A.011 is hereby
amended to read as follows:

244A.011 NRS 244A.011 to 244A.065, inclusive, and section 1 of this act shall
be known as the County Bond Law.

Sec. 2. (Deleted
by amendment.)

Sec. 2.5. NRS 244A.0344 is hereby
amended to read as follows:

244A.0344 [Minor league]Professional baseball
stadium project means a baseball stadium which can be used for the home games
of [an AA or AAA minor league]a professional baseball
team and for other purposes, including structures, buildings and other improvements
and equipment therefor, parking facilities, and all other appurtenances
necessary, useful or desirable for a [minor league]professional baseball
stadium, including, without limitation, all types of property therefor.

Sec. 2.7. NRS 244A.058 is hereby
amended to read as follows:

244A.058 1. A board that has adopted an ordinance
imposing a fee pursuant to NRS 244A.810 may, on behalf of the county and in its
name:

(a) Acquire, lease, improve, equip, operate and maintain
within the county a minor league baseball stadium project.

(b) Subject to the provisions of chapter 350 of NRS,
issue revenue bonds of the county to acquire, lease, improve or equip, or any combination
thereof, within the county a minor league baseball stadium project.

2. Bonds issued pursuant to this section must be
payable from the proceeds of the fee imposed by the county pursuant to NRS
244A.810 and may be additionally secured by and payable from the gross or net
revenues of the minor league baseball stadium project, including, without
limitation, amounts received from any minor league baseball team pursuant to a
contract with that team, fees, rates and charges for the use of the stadium by
a minor league baseball team or any other uses of the stadium, and related
uses, including, without limitation, parking and concessions, surcharges on
tickets in an amount approved by the board, grants, whether conditional or
unconditional, made for the payment of debt service or otherwise for the
purposes of the minor league baseball stadium project, and any and all other
sources of revenue attributable to the minor league baseball stadium project as
provided by the board in the ordinance authorizing the issuance of bonds or any
instrument supplemental or appertaining thereto.

3. The
provisions of chapters 332, 338 and 339 of NRS do not apply to a contract
entered into by a county and a private developer pursuant to which the private
developer constructs a minor league baseball stadium project, except that the
contract must include a provision stating that the requirements of NRS 338.010
to 338.090, inclusive, apply to any construction work to be performed under the
contract.

Sec. 3. NRS 244A.058 is hereby amended
to read as follows:

244A.058 1. A board [that has adopted an
ordinance imposing a fee pursuant to NRS 244A.810]in a county whose population is 100,000
or more but less than 400,000 may, on behalf of the county and in
its name:

(b) Subject to the provisions of chapter 350 of NRS,
issue revenue bonds of the county to acquire, lease, improve or equip, or any combination
thereof, within the county a [minor league]professional baseball stadium project.

2. Bonds issued pursuant to this section must be [payable
from the proceeds of the fee imposed by the county pursuant to NRS 244A.810 and
may be additionally] secured by and payable from the gross
or net revenues of the [minor league]professional baseball stadium project,
including, without limitation, amounts received from any [minor league]professional baseball
team pursuant to a contract with that team, fees, rates and charges for the use
of the stadium by a [minor league]professional baseball team or any other uses
of the stadium, and related uses, including, without limitation, parking and
concessions, surcharges on tickets in an amount approved by the board, grants,
whether conditional or unconditional, made for the payment of debt service or
otherwise for the purposes of the [minor league]professional baseball
stadium project, and any and all other sources of revenue attributable to the [minor
league]professional
baseball stadium project as provided by the board in the
ordinance authorizing the issuance of bonds or any instrument supplemental or
appertaining thereto.

3. The
provisions of chapters 332, 338 and 339 of NRS do not apply to a contract
entered into by a county and a private developer pursuant to which the private
developer constructs a professional baseball stadium project, except that the
contract must include a provision stating that the requirements of NRS 338.010
to 338.090, inclusive, apply to any construction work to be performed under the
contract.

Sec. 4. NRS 244A.800 is hereby amended
to read as follows:

244A.800 As used in NRS 244A.800 to 244A.830,
inclusive:

1. Department means the Department of Taxation.

2. [Minor league]Professional baseball stadium project has
the meaning ascribed to it in NRS 244A.0344.

Sec. 4.5. NRS 244A.810 is hereby
amended to read as follows:

244A.810 1. Except as otherwise provided in subsection
2, the board of county commissioners of a county whose population is 100,000 or
more but less than 400,000 may by ordinance impose a fee upon the lease of a
passenger car by a short-term lessor in the county in the amount of not more
than 2 percent of the total amount for which the passenger car was leased,
excluding any taxes or other fees imposed by a governmental entity.

2. The fee imposed pursuant to subsection 1 must not
apply to replacement vehicles. As used in this subsection, replacement
vehicle means a vehicle that is:

(a) Rented temporarily by or on behalf of a person or
leased to a person by a facility that repairs motor vehicles or a motor vehicle
dealer; and

(b) Used by the person in place of a motor vehicle
owned by the person that is unavailable for use because of mechanical
breakdown, repair, service, damage or loss as defined in the owners policy of
liability insurance for the motor vehicle.

3. Any proceeds of a fee imposed pursuant to this
section which are received by a county must be used solely to pay the costs to
acquire, lease, improve,
equip, operate and maintain within the county a minor league baseball stadium
project, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay such costs,
including bonds issued to refund bonds issued to pay such costs, or any
combination thereof.

payments due with respect to bonds issued to pay such costs,
including bonds issued to refund bonds issued to pay such costs, or any
combination thereof.

4. The board of county commissioners shall not repeal
or amend or otherwise directly or indirectly modify an ordinance imposing a fee
pursuant to subsection 1 in such a manner as to impair any outstanding bonds
issued by or other obligations incurred by the county until all obligations for
which revenue from the ordinance have been pledged or otherwise made payable
from such revenue have been discharged in full or provision for full payment
and redemption has been made.

5. As used in this section, the words and terms
defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those
sections.

Sec. 5. NRS 244A.810 is hereby amended
to read as follows:

244A.810 1. Except as otherwise provided in
subsection 2, the board of county commissioners of a county whose population is
100,000 or more but less than 400,000 may by ordinance impose a fee upon the
lease of a passenger car by a short-term lessor in the county in the amount of
not more than 2 percent of the total amount for which the passenger car was
leased, excluding any taxes or other fees imposed by a governmental entity.

2. The fee imposed pursuant to subsection 1 must not
apply to replacement vehicles. As used in this subsection, replacement
vehicle means a vehicle that is:

(a) Rented temporarily by or on behalf of a person or
leased to a person by a facility that repairs motor vehicles or a motor vehicle
dealer; and

(b) Used by the person in place of a motor vehicle
owned by the person that is unavailable for use because of mechanical
breakdown, repair, service, damage or loss as defined in the owners policy of
liability insurance for the motor vehicle.

3. Any proceeds of a fee imposed pursuant to this
section which are received by a county must be used solely to pay the costs to
acquire, lease, improve,
equip, operate and maintain within the county a [minor leaguebaseball
stadium] project[,]that has been approved by the
Legislature, if the Legislature is in session, or the Interim Finance
Committee, if the Legislature is not in session, or to pay the
principal of, interest on or other payments due with respect to bonds issued to
pay such costs, including bonds issued to refund bonds issued to pay such
costs, or any combination thereof.

4. The board of county commissioners shall not repeal
or amend or otherwise directly or indirectly modify an ordinance imposing a fee
pursuant to subsection 1 in such a manner as to impair any outstanding bonds
issued by or other obligations incurred by the county until all obligations for
which revenue from the ordinance have been pledged or otherwise made payable
from such revenue have been discharged in full or provision for full payment
and redemption has been made.

5. As used in this section, the words and terms
defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those
sections.

Sec. 6. NRS 244A.830 is hereby amended
to read as follows:

244A.830 1. A board of county commissioners that [adopts
an ordinance imposing a fee pursuant to NRS 244A.810]acquires, leases, improves, equips, operates and maintains
within the county a professional baseball stadium project [shall]may create a stadium
authority to operate the [minor league]professional baseball stadium project.

[(a)](1) One member of the board of county
commissioners appointed by the board;

[(b)](2) One member from the governing body of each
city in the county whose population is 60,000 or more, appointed by that
governing body; and

[(c)](3) If the stadium authority enters into an
agreement with [an AA or AAA minor league]a professional baseball
team pursuant to which the team agrees to play its home games in the stadium,
two persons appointed by the owner of the team.

[2.](b) The members of the stadium authority serve
at the pleasure of the governmental entity or person who appointed them to
serve in that capacity.

[3.](c) The stadium authority shall:

[(a)](1) Be responsible for the normal operations
of the [minor league]professional baseball stadium project[; and

(b)] or such operations as may be specified
in the agreement entered into pursuant to subparagraph (2); and

(2)
Enter into an agreement with the board of county commissioners that sets forth
the specific rights, obligations and duties of the stadium authority regarding
those operations.

Sec. 5. 1. The Commission
on Tourism shall, as soon as practicable after July 1, 2005, and July 1, 2006,
respectively, without depleting the funds necessary for day-to-day operations, transfer
the following amounts from the proceeds from the taxes imposed on the revenue
from the rental of transient lodging which have been credited to the Fund for
the Promotion of Tourism, created by NRS 231.250, to the Interim Finance
Committee:

For the Fiscal Year 2005-2006........................................ $600,000

For the Fiscal Year 2006-2007.......................................... $50,000

2. The money transferred
pursuant to subsection 1 shall be allocated to the Reno-Sparks Convention and
Visitors Authority to implement the Truckee River Recreational Master Plan as
adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for,
design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality
of the Truckee River. The money must be expended on the following projects but
is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.

3. The Interim Finance
Committee shall allocate the money transferred pursuant to subsection 1 upon
notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.

4. Upon acceptance of the
money allocated pursuant to subsection 2, the Reno-Sparks Convention and
Visitors Authority shall prepare and transmit a report to the Interim Finance
Committee on or before December 15, [2006,]2008, that describes
each expenditure made from the money allocated pursuant to subsection 2 from
the date on which the money was received by the Reno-Sparks Convention and
Visitors Authority through December 1, [2006.] 2008.

5. The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine
upon any local governing bodies relating to compliance with the provisions of
subsections 3 and 4.

6. A public review and
approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of
any project that uses money allocated pursuant to this section. Project design,
construction documents and funding processes related to any such project must
be approved by each local governing body having jurisdiction over the project.
Each such project must conform to the parameters of the Truckee River Flood
Control Project and the Truckee River Operating Agreement.

7. Any remaining balance of
the sums transferred pursuant to subsection 1 must not be committed for
expenditure after June 30, [2007,]2009, and must be reverted to the Fund for the
Promotion of Tourism on or before September [21, 2007.] 18, 2009.

Sec. 32. 1. There is
hereby appropriated from the State General Fund to the Interim Finance
Committee the sum of $600,000 for allocation to the Reno-Sparks Convention and
Visitors Authority to implement the Truckee River Recreational Master Plan as
adopted by the City of Reno, the City of Sparks and Washoe County through a public review process. The money must be used to plan, obtain permits for,
design and construct not more than four projects along the Truckee River that would enhance the recreational enjoyment, aquatic habitat and water quality
of the Truckee River. The money must be expended on the following projects but
is not limited to Rock Park, Pioneer Diversion Dam, Ambrose Park and Idlewild Park.

2. The Interim Finance
Committee shall allocate the money appropriated pursuant to subsection 1 upon
notification that the City of Reno, the City of Sparks and Washoe County have committed to expend, in total, an equal amount of money on Truckee River improvement related projects. For the purpose of this section, Truckee River improvement related projects include any public project to improve the Truckee River for watershed protection, watershed restoration, recreation or flood control.

3. Upon acceptance of the
money allocated pursuant to subsection 2, the Reno-Sparks Convention and
Visitors Authority shall prepare and transmit a report to the Interim Finance
Committee on or before December 15, [2006,]2008, that describes
each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the
Reno-Sparks Convention and Visitors Authority through December 1, [2006.]

from the date on which the money
was received by the Reno-Sparks Convention and Visitors Authority through
December 1, [2006.] 2008.

4. The Reno-Sparks Convention and Visitors Authority shall not assess an administrative fee or fine
upon any local governing bodies relating to compliance with the provisions of
subsections 2 and 3.

5. A public review and
approval process, as determined by the City of Reno, the City of Sparks and Washoe County, must be completed before the commencement of construction of
any project that uses money allocated pursuant to this section. Project design,
construction documents and funding processes related to any such project must
be approved by each local governing body having jurisdiction over the project.
Each such project must conform to the parameters of the Truckee River Flood
Control Project and the Truckee River Operating Agreement.

6. Any remaining balance of
the sums appropriated pursuant to subsection 1 must not be committed for expenditure
after June 30, [2007,]2009, and must be reverted to the State
General Fund on or before September [21, 2007.] 18, 2009.

Sec. 9. (Deleted
by amendment.)

Sec. 9.5. 1. The board of county
commissioners of a county whose population is 100,000 or more but less than
400,000 shall determine whether the following criteria for the minor league
baseball stadium project, as defined in NRS 244A.0344, have been met before
October 1, 2007:

(a) An agreement has been entered into with a minor
league baseball team to play its home games at a baseball stadium that will be
acquired, leased, improved, equipped, operated and maintained within the
county;

(b) If relocation of the minor league baseball team is
required, approval for relocation of the team by the relevant league has been
obtained;

(c) The site for the minor league baseball stadium has
been acquired or leased; and

(d) Any approval required for the construction or
improvement of the minor league baseball stadium has been obtained.

2. If the board determines pursuant to subsection 1
that all the criteria set forth in that subsection have been met, the board
shall, as soon as practicable, make a finding indicating that all the criteria
for the minor league baseball stadium project have been met. Such a finding is
conclusive absent fraud or abuse of discretion.

Sec. 10. 1. This section and sections 7, 8
and 9.5 of this act become effective upon passage and approval.

2. Sections 2.7 and 4.5 of this act become effective
upon passage and approval and expire by limitation on October 1, 2007, if the
board of county commissioners of a county whose population is 100,000 or more
but less than 400,000 has not made a finding pursuant to section 9.5 of this
act.

3. Sections 1, 1.5, 2.5, 3, 4, 5 and 6 of this act
become effective on October 1, 2007, if the board of county commissioners of a
county whose population is 100,000 or more but less than 400,000 has not made a
finding pursuant to section 9.5 of this act.

________

κ2007
Statutes of Nevada, Page 1300κ

CHAPTER 323, SB 288

Senate
Bill No. 288Senator Townsend

CHAPTER 323

AN ACT relating to fire protection districts; requiring
the board of directors of a fire protection district created by an election to
cooperate with the State Forester Firewarden and certain other agencies to
prevent and suppress fires in wild lands; authorizing such a board of directors
to appoint a district fire chief; providing that the activities of a fire
protection district created by an election are separate from county activities
and any other political subdivision in this State; authorizing a board of fire
commissioners to provide emergency medical services within a fire protection
district; requiring title to all property
acquired by a fire protection district organized by a board of county
commissioners to vest in the district; and providing other matters
properly relating thereto.

[Approved:
June 4, 2007]

Legislative
Counsels Digest:

Existing law
provides for the organization of fire protection districts by an ordinance
adopted by a board of county commissioners or by the approval of the voters of
a proposed fire protection district. (Chapter 474 of NRS) Under existing law, a
fire protection district approved by the voters may include contiguous
territory from more than one county. (NRS 474.010) Section 9 of this
bill provides that such a fire protection district may include incorporated
territory within a consolidated municipality, provided that such territory is
not included in any other fire protection district. Section 9 also
removes the exclusion that had prohibited such a fire protection district from
including timberland patrolled by the United States Forest Service. Sections
2-8 and 15-18 of this bill borrow various existing provisions that are
applicable to a fire protection district organized by a board of county
commissioners and make them applicable to a fire protection district approved
by the voters. Section 8.5 of this bill clarifies that certain persons
and entities may not operate an ambulance in an area for which an exclusive
franchise for ambulance service has been granted. Sections 20, 21, 22and
24 of this bill borrow various existing provisions that are applicable to a
fire protection district approved by the voters and make them applicable to a
fire protection district organized by a board of county commissioners. Section
25 of this bill restricts existing procedures for the reorganization of a
fire protection district to apply only to a fire protection district organized
by a board of county commissioners.

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 474 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 8.5,
inclusive, of this act.

Sec. 2. 1. A county fire protection district organized pursuant to
NRS 474.010 to 474.450, inclusive, and sections 2 to 5, inclusive, of this act,
upon its formation:

(a) Is a
political subdivision of this State; and

(b) Has perpetual existence unless dissolved as provided in this
chapter.

2. Each
such district may:

(a) Sue
and be sued, and be a party to suits, actions and proceedings;

Sec. 3. The board of directors of a county fire protection district shall cooperate with the State Forester Firewarden and other
agencies as provided in NRS 472.040 to 472.090, inclusive, to prevent and
suppress fires in wild lands, and may contribute suitable amounts of money from
the sums raised as provided in NRS 474.200 for that purpose to cooperating
agencies, or may receive contributions from other agencies to be spent for that
purpose.

Sec. 4. 1. The board of directors of a county fire protection district may appoint a district fire chief who shall have adequate
training and experience in fire control and who shall hire such employees as
are authorized by the board. The district fire chief shall administer all fire
control laws in the district and perform such other duties as may be designated
by the board of directors. The district fire chief shall coordinate fire
protection activities in the district and shall cooperate with all other fire
protection agencies.

2. In
lieu of or in addition to the provisions of subsection 1, the board of
directors may:

(a) Provide
fire protection to the county fire protection district by entering into
agreements with other agencies as provided by NRS 277.180 and 472.060 to
472.090, inclusive, for the furnishing of such protection to the district; or

(b) Support
volunteer fire departments within the county fire protection district for the
furnishing of such protection to the district.

Sec. 5. The activities of a county fire protection district are
separate from county activities and any other political subdivision in this
State.

Sec. 6. The board of fire commissioners of a district organized pursuant
to NRS 474.460 may:

1. Provide
emergency medical services within the district; and

2. Purchase,
acquire by donation or otherwise, lease, operate and maintain ambulances if
necessary, and may take out liability and other insurance therefor. The board
of fire commissioners may employ trained personnel to operate those vehicles.

Sec. 7. All accounts, bills and demands against a district organized
pursuant to NRS 474.460 must be audited, allowed and paid by the board of fire
commissioners by warrants drawn on the county treasurer or the treasurer of the
district. The county treasurer or, if authorized by the board of county
commissioners and the board of fire commissioners, the treasurer of the
district shall pay them in the order in which they are presented.

Sec. 8. The title to all property which may have been acquired for a
district organized pursuant to NRS 474.460 must be vested in the district.

Sec. 8.5. Nothing in this chapter authorizes any person, firm,
corporation, association, government, governmental agency or political
subdivision of a government to operate an ambulance in any area for which an
exclusive franchise for ambulance service has been granted:

1. By a
county, city or town pursuant to NRS 244.187, 268.081 or 269.128, as applicable;
or

2. By
another person or governmental entity authorized to do so on behalf of the
county, city or town.

474.010 Contiguous unincorporated territory lying
within one or more counties or
incorporated territory lying within a consolidated municipality and
not included in any other fire protection district[, and not including
timberland patrolled by the United States Forest Service or in accordance with
the rules and regulations of the United States Forest Service,]
may be formed into a county fire protection district in the manner and under
the proceedings set forth in NRS 474.010 to 474.450, inclusive[.] , and sections 2 to 5, inclusive, of
this act.

Sec. 10. NRS 474.020 is hereby amended
to read as follows:

474.020 1. When 25 percent or more of the holders of
title or evidence of title to lands lying in one body, whose names appear as
such upon the last county assessment roll, [shall]
present a petition to the board of county commissioners of the county in which
the land or the greater portion thereof [lies,]is located, setting
forth the exterior boundaries of the proposed district and asking that the
district so described be formed into a county fire protection district under
the provisions of NRS 474.010 to 474.450, inclusive, and sections 2 to 5, inclusive, of this act, the
board of county commissioners shall pass a resolution declaring the boards
intention to form or organize such territory into a county fire protection
district, naming the district and describing its exterior boundaries.

2. The resolution [shall:] must:

(a) Fix a time and place for the hearing of the matter
not less than 30 days after its adoption.

(b) Direct the clerk of the board of county
commissioners to publish the notice of intention of the board of county
commissioners to form [such]the county fire protection district, and of
the time and place fixed for the hearing, and [shall]must designate that
publication [shall]must be in [some]a newspaper of
general circulation published in the county and circulated in the proposed
county fire protection district, or if there is no newspaper so published and
circulated , then in
[some]a newspaper of general circulation circulated
in the proposed district.

Sec. 11. NRS 474.030 is hereby amended
to read as follows:

474.030 The notice [shall:] must:

1. Be headed Notice of the proposed formation of
fire protection district in ............................ County [(stating], stating the name
of the proposed district and the name of the county or, if there [be]is more than one[,]county, the name of the
counties in which the proposed district is located . [).]

2. State the fact that the board of county
commissioners [of the county] has fixed the time and
place [(which shallbe stated in the notice)]
for a hearing on the matter of the formation of a county fire protection
district[.] , and must set forth the time and place
of that hearing.

3. Describe the territory or [shall]
specify the exterior boundaries of the territory proposed to be organized into
a fire protection district, which boundaries, so far as practicable, [shall]must be the
centerlines of highways.

4. Be published once a week for 2 successive weeks [prior
to]before the
time fixed for the hearing in the newspaper designated by the board of county
commissioners.

Sec. 12. NRS 474.080 is hereby amended
to read as follows:

474.080 1. The board of county commissioners shall
submit the question of whether the proposed district shall be organized
pursuant to the provisions of NRS 474.010 to 474.450,
inclusive, and sections 2 to 5, inclusive, of this act to the electors of the
proposed district at the next primary or general election.

provisions of NRS 474.010 to 474.450, inclusive, and sections 2 to 5, inclusive, of this
act to the electors of the proposed district at the next primary
or general election.

2. The notice must:

(a) Designate a name for the proposed district.

(b) Describe the boundaries of the precincts
established therein, [when]if more than one, together with a designation
of the polling places and board of election for each precinct.

(c) Be published once a week for at least 3 weeks [previous
to]before the
election in a newspaper published or circulated within the boundaries of the
proposed district and published within the county or counties in which the [petition for the
organization of the district was presented.] proposed district is located.

(d) Require the electors to cast ballots, which must
contain the words: ........................ County fire protection
districtYes, or ........................ County fire protection
districtNo, or words equivalent thereto, and also the names of one or more
persons ,[(]according to the division
of the proposed district as prayed for in the petition and ordered by the board , [)]
to be voted for to fill the office of director.

Sec. 13. NRS 474.110 is hereby amended
to read as follows:

474.110 1. The election having been held, the board
of county commissioners shall, on the first Monday succeeding [such]the election, if
then in session, or at its next succeeding general or special session, proceed
to canvass the votes cast [thereat.] at the election.

2. If upon such canvass it appears that a majority of
all votes cast in the district , [(]
and in each portion of the counties included in the district [in
case]if lands
in more than one county are included therein , [)]
are in favor of the formation of the district, the board shall, by an order
entered in its minutes, declare:

(a) Such territory [duly]
organized as a county fire protection district under the name theretofore
designated; and

(b) The persons receiving, respectively, the highest
number of votes for the directors to be [duly]
elected to [such]those offices.

Sec. 14. NRS 474.120 is hereby amended
to read as follows:

474.120 1. The board of county commissioners shall then cause a
copy of such order, [duly] certified by the clerk of the
board ,[of
county commissioners,] to be immediately filed for record
in the office of the county recorderof [any]each county in which any portion of the lands [embraced
in such]included
in the district are [situated,]located, and must
also immediately forward a copy thereof to the clerk of the board of county
commissioners of each [of such counties.

2. No] such county.

2. The board
of county commissioners [of the county] shall[,]not, after the date of the
organization of the district, allow another fire protection district to be formed[, including any portion
of such lands,]within the district without the consent of the
owners thereof.

3. From and after such filing, the organization of
the district [shall be]is complete.

2. [Make]Adopt and enforce all rules and regulations
necessary for the administration and government of the district and for the
furnishing of fire protection thereto, which may include regulations relating
to fire prevention. The regulations may include provisions that are designed to
protect life and property from:

(a) The hazards of fire and explosion resulting from
the storage, handling and use of hazardous substances, materials and devices;
and

(b) Hazardous conditions relating to the use or
occupancy of any premises.

Κ Any
regulation concerning hazardous substances, materials or devices adopted
pursuant to this section must be consistent with any plan or ordinance
concerning [such]those substances, materials or devices that is
required by the Federal Government and has been adopted by [a]the board of county
commissioners.

4. Make and execute in the name of the district all
necessary contracts.

5. Adopt a seal for the district to be used in the
attestation of proper documents.

6. Provide for the payment from the proper fund of the salaries of employees of the
district and all the debts and just claims against the district.

7. Employ agents and employees for the district
sufficient to maintain and operate the property acquired for the purposes of
the district.

8. Acquire real or personal property necessary for
the purposes of the district and dispose of that property when no longer
needed.

9. Construct any necessary structures.

10. Acquire, hold and possess, either by donation or
purchase, in the name and on behalf of the district any land or other property
necessary for the purpose of the district.

11. Eliminate and remove fire hazards within the
district [wherever]if practicable and possible, whether on
private or public premises, and to that end the board may clear the public
highways and private lands of dry grass, stubble, brush, rubbish or other
inflammable material in its judgment constituting a fire hazard.

12. Perform all other acts necessary, proper and
convenient to accomplish the purposes of NRS 474.010 to 474.450, inclusive[.] , and sections 2 to 5, inclusive, of
this act.

Sec. 16. NRS 474.180 is hereby amended
to read as follows:

474.180 The board of directors may [purchase,]:

1. Provide emergency medical services within the district; and

2. Purchase, acquire by donation or otherwise,
lease, operate and maintain ambulances whenever necessary, and may take out
liability and other insurance therefor. The board of directors may employ
trained personnel to operate [these]those vehicles.

Sec. 17. NRS 474.190 is hereby amended
to read as follows:

474.190 1. Subject to the provisions of subsection [2,]3, the board of
directors of each county fire protection district shall prepare annual budgets
in accordance with NRS 354.470 to 354.626, inclusive.

2. The
budget must be based on estimates of the amount of money that will be needed to
defray the expenses of the district and to meet unforeseen emergencies and the
amount of a fire protection tax sufficient, together with the revenue which
will result from application of the rate to the net proceeds of minerals, to
raise such sums.

3. The
amount of money to be raised for the purpose of establishing, equipping and
maintaining the district with fire-fighting facilities [shall]must not in any 1
year exceed 1 percent of the [assessable property within the district.

3. In
determining the tax to be levied to raise the amount of money required by such
budget within such limitation, the board of county commissioners shall prorate
80 percent of the amount of the tax upon the assessed value of improvements and
personal property upon each parcel of land and 20 percent upon the assessed
value of each parcel of land, if upon the formation of the district a provision
for such procedure was included in the notice to create the district approved
by the property owners, or if a petition requesting such procedure, signed by
not less than a majority of the property owners within the district, is
presented to the board prior to January 20.] assessed value of the property
described in NRS 474.200 and any net proceeds of minerals derived from within
the boundaries of the district.

Sec. 18. NRS 474.200 is hereby amended
to read as follows:

474.200 1. At the time of making the levy of county
taxes for that year, the boards of county commissioners shall levy the tax [certified]established pursuant to NRS
474.190 upon all property, both real and personal, subject to
taxation within the boundaries of the district. Any tax levied on interstate or
intercounty telephone lines, power lines and other public utility lines as
authorized in this section must be based upon valuations as established by the
Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330,
inclusive.

2. When levied, the tax must be entered upon the
assessment rolls and collected in the same manner as state and county taxes. Taxes may be paid in four approximately
equal installments at the times specified in NRS 361.483, and the same
penalties as specified in NRS 361.483 must be added for failure to pay the
taxes.

3. When the tax is collected it must be placed in the
treasury of the county in which the greater portion of the county fire protection district is located,
to the credit of the [current expense fund of the district, and may be used only
for the purpose for which it was raised.] district. The treasurer of the district
shall keep two separate funds for each district, one to be known as the
district fire protection operating fund and one to be known as the district
emergency fund. The money collected to defray the expenses of the district must
be deposited in the district fire protection operating fund, and the money
collected to meet unforeseen emergencies must be deposited in the district emergency
fund. The district emergency fund must be used solely for emergencies and must
not be used for regular operating expenses. The money deposited in the district
emergency fund must not exceed the sum of $1,000,000. Any interest earned on
the money in the district emergency fund that causes the balance in that fund
to exceed $1,000,000 must be credited to the district fire protection operating
fund.

4. For
the purposes of subsection 3, an emergency includes, without limitation, any
event that:

(a) Causes
widespread or severe damage to property or injury to or the death of persons
within the district;

(b) As
determined by the district fire chief, requires immediate action to protect the
health, safety and welfare of persons who reside within the district; and

(c) Requires
the district to provide money to obtain a matching grant from a state agency or
an agency of the Federal Government to repair damage caused by a natural
disaster that occurred within the district.

Sec. 19. NRS 474.300 is hereby amended
to read as follows:

474.300 1. In any county fire protection district
availing itself of the privileges of this section and NRS 474.220 and 474.310,
the board of directors of [such]the district annually shall determine the tax
necessary for the payment of interest and principal of such bonds.

2. The amount of the tax [shall]must be certified to
the boards of county commissioners of the counties in which any portion of the
district is located, and [such]the board of county commissioners shall, at
the time of making the levy of county taxes for that year, levy the tax
certified upon all the real property, together with the improvements thereon,
in the district.

3. When levied, the tax [shall]must be entered on
the assessment rolls and collected in the same manner as state and county
taxes.

4. When the tax is collected it [shall]must be placed in
the treasury of the county in which the greater portion of the district is
located in a special fund for the payment of principal and interest of the
bonds. Payments therefrom [shall]must be made according to the terms of the
bonds.

Sec. 20. NRS 474.460 is hereby amended
to read as follows:

474.460 1. All territory in each county or consolidated municipality not
included in any other fire protection district, except incorporated areas[,]other than consolidated municipalities, may
be organized by ordinance by the board of county commissioners of the county in
which [such]that territory lies into as many fire
protection districts as necessary to provide for the prevention and
extinguishment of fires in the county, until such time as [such]that territory may
be included in another fire protection district formed in accordance with the
provisions of chapter 473 of NRS, or NRS 474.010 to 474.450, inclusive[.] , and sections 2 to 5, inclusive, of
this act.

2. Each such district [shall:

(a) Be a
body corporate and politic;

(b) Be]:

(a) Is a
political subdivision of the State; and

[(c) Have]

(b) Has perpetual
existence unless dissolved as provided in this chapter.

3. Each such district may:

(a) [Have and use a corporate seal;

(b)]
Sue and be sued, and be a party to suits, actions and proceedings;

[(c)](b) Arbitrate claims; and

[(d)](c) Contract and be contracted with.

4. The board of county commissioners [of
the county] organizing each such district [shall]is ex officio [be]
the governing body of each such district. The governing body [shall]must be known as the
board of fire commissioners.

5. The chairman of the board of county commissioners [shall]is ex officio [be]the chairman of each
such district.

6. The county clerk [shall]is ex officio [be]the clerk of each
such district.

7. [The] Unless the board of fire commissioners employs a treasurer,
the county treasurer [shall]is ex officio [be]the treasurer of
each such district.

Sec. 21. NRS 474.470 is hereby amended
to read as follows:

474.470 The board of fire commissioners shall:

1. Manage and conduct the business and affairs of
districts organized pursuant to the provisions of NRS 474.460.

2. [Promulgate] Adopt and enforce all rules and regulations necessary for the
administration and government of the districts and for the furnishing of fire
protection[.]thereto, which may include regulations
relating to emergency medical services and fire prevention. The regulations may
include provisions that are designed to protect life and property from:

(a) The
hazards of fire and explosion resulting from the storage, handling and use of
hazardous substances, materials and devices; and

(b) Hazardous
conditions relating to the use or occupancy of any premises.

Κ Any regulation concerning
hazardous substances, materials or devices adopted pursuant to this section
must be consistent with any plan or ordinance concerning those substances,
materials or devices that is required by the Federal Government and has been
adopted by the board of county commissioners.

4. Provide for the payment of salaries to the
personnel of [such]those fire companies or fire departments.

5. Provide for payment from the proper fund of all
the debts and just claims against the districts.

6. Employ agents and employees for the districts
sufficient to maintain and operate the property acquired for the purposes of
the districts.

7. Acquire real or personal property necessary for
the purposes of the districts and dispose of the [same when]property if no
longer needed.

8. Construct any necessary structures.

9. Acquire, hold and possess, [either]
by donation or purchase, any land or other property necessary for the purpose
of the districts.

10. Eliminate and remove fire hazards from the
districts [wherever]if practicable and possible, whether on
private or public premises, and to that end the board of fire commissioners may
clear the public highways and private lands of dry grass, stubble, brush,
rubbish or other inflammable material in its judgment constituting a fire
hazard.

11. Perform all other acts necessary, proper and
convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive[.] , and sections 6, 7 and 8 of this act.

Sec. 21.5. NRS 474.480 is hereby
amended to read as follows:

474.480 1. The board of fire commissioners shall
plan for the prevention and extinguishment of fires in the territory of the
county described by NRS 474.460, in cooperation with the State Forester
Firewarden to coordinate the fire protection activities of the districts with
the fire protection provided by the Division of Forestry of the State
Department of Conservation and Natural Resources and by federal agencies, in
order that the State Forester Firewarden may establish a statewide plan for the
prevention and control of large fires, mutual aid among
the districts, training of personnel, supply, finance and other purposes to
promote fire protection on a statewide basis.

prevention and control of large fires, mutual aid among the
districts, training of personnel, supply, finance and other purposes to promote
fire protection on a statewide basis.

2. Through inspection ,[and recommendation,]
the State Forester Firewarden [shall standardize the]may recommend standardization of fire
protection equipment and facilities of the districts to facilitate mutual aid
among the districts.

Sec. 22. NRS 474.490 is hereby amended
to read as follows:

474.490 The board of fire commissioners shall
cooperate with the State Forester
Firewarden and other agencies as provided in NRS 472.040 to
472.090, inclusive, to prevent and suppress fires in wild lands, and may
contribute suitable amounts of money from the sums raised as provided in NRS
474.510 for [such]that purpose to cooperating agencies, or may
receive contributions from other agencies to be spent for [such]that purpose.

Sec. 23. NRS 474.500 is hereby amended
to read as follows:

474.500 1. The board of fire commissioners may
appoint a district fire chief who shall have adequate training and experience
in fire control and who shall hire such employees as are authorized by the
board. The district fire chief shall administer all fire control laws in the
territory of the county described by NRS 474.460 and perform such other duties
as may be designated by the board of fire commissioners and the State Forester
Firewarden. The district fire chief shall coordinate fire protection activities
in the district and shall cooperate with all other existing fire protection
agencies and with the State Forester Firewarden for the standardization of
equipment and facilities.

2. In lieu of or in addition to the provisions of
subsection 1, the board of fire commissioners may:

(a) Provide the fire protection required by NRS
474.460 to 474.540, inclusive, and
sections 6, 7 and 8 of this act to the districts by entering into
agreements with other agencies as provided by NRS 472.060 to 472.090,
inclusive, and 277.180, for the furnishing of such protection to the districts;
or

(b) Support volunteer fire departments within
districts organized under the provisions of NRS 474.460 to 474.540, inclusive, and sections 6, 7 and 8 of this act for
the furnishing of such protection to the districts.

Sec. 24. NRS 474.510 is hereby amended
to read as follows:

474.510 1. The board of fire commissioners shall
prepare [a]an annual budget in accordance with the provisions of NRS 354.470 to 354.626,
inclusive, for each district organized in accordance with NRS
474.460 . [,
estimating]

2. Each
budget must be based on estimates of the amount of money which
will be needed to defray the expenses of the district and to meet unforeseen [fire
emergencies, and to determine]emergencies and the amount of a fire
protection tax sufficient, together with the revenue which will result from
application of the rate to the net proceeds of minerals, to raise such sums.

[2.] 3. At the time of making the levy of county
taxes for the year, the board of county commissioners shall levy the tax
provided by subsection 1, upon all property, both real and personal, subject to
taxation within the boundaries of the district. Any tax levied on interstate or
intercounty telephone lines, power lines and other public utility lines as
authorized in this section must be based upon valuations
established by the Nevada Tax Commission pursuant to the provisions of NRS
361.315 to 361.330, inclusive.

section must be based upon valuations established by the
Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330,
inclusive.

[3.] 4. The amount of tax to be collected for the
purposes of this section must not exceed, in any 1 year, 1 percent of the value
of the property described in subsection [2]3 and any net proceeds of
minerals derived from within the boundaries of the district.

[4.] 5. If levied, the tax must be entered upon
the assessment roll and collected in the same manner as state and county taxes.
Taxes may be paid in four approximately equal installments at the times
specified in NRS 361.483 , and
the same penalties as specified in NRS 361.483 must be added for failure to pay
the taxes.

[5.] 6. For the purposes of NRS 474.460 to
474.550, inclusive, and sections
6, 7 and 8 of this act, the [county]
treasurer of the district shall
keep two separate funds for each district, one to be known as the district fire
protection operating fund and one to be known as the district [fire]
emergency fund. The [sums]money collected to defray the expenses of any
district organized pursuant to NRS 474.460 must be deposited in the district
fire protection operating fund, and the [sums]money collected to
meet unforeseen emergencies must be deposited in the district [fire]
emergency fund. The district [fire] emergency fund must be used solely
for emergencies and must not be used for regular operating expenses. The money
deposited in the district [fire] emergency fund must not exceed the
sum of $1,000,000. Any interest earned on the money in the district [fire]
emergency fund that causes the balance in that fund to exceed $1,000,000 must
be credited to the district fire protection operating fund.

7. For
the purposes of subsection 6, an emergency includes, without limitation, any
event that:

(a) Causes
widespread or severe damage to property or injury to or the death of persons
within the district;

(b) As
determined by the district fire chief, requires immediate action to protect the
health, safety and welfare of persons who reside within the district; and

(c) Requires
the district to provide money to obtain a matching grant from an agency of the
Federal Government to repair damage caused by a natural disaster that occurred
within the district.

Sec. 25. NRS 474.560 is hereby amended
to read as follows:

474.560 1. A fire protection district organized
pursuant to [this chapter]NRS 474.460 may reorganize as a district
created wholly or in part for the purpose of furnishing fire protection
facilities pursuant to chapter 318 of NRS.

2. [Such]The reorganization may be initiated by:

(a) A petition signed by a majority of the owners of
property located within the district; or

(b) A resolution of the board of county commissioners
of the county in which the district is located.

3. If the board of county commissioners determines,
after notice and hearing, that [such]the reorganization is feasible and in the best
interests of the county and the district, the board of county commissioners
shall adopt an ordinance reorganizing the district pursuant to chapter 318 of
NRS.

Under existing law,
documents submitted to governmental agencies must not include the social
security number of a person except in certain circumstances. (NRS 239B.030)
Existing law also prohibits public bodies from disclosing on their websites
personal information about a person, except in certain circumstances. Personal
information is defined to mean the persons name in combination with his social
security number, drivers license number or certain other account numbers. (NRS
239B.050, 603A.040) Sections 2and 3 of this bill make consistent
the information that is protected from disclosure by public entities on
documents submitted to the entity or on the entitys website. Section 2
also authorizes a person to request a governmental agency to redact or maintain
in a confidential manner his personal information in documents submitted to the
governmental agency before January 1, 2007, and prescribes the requirements for
such a request. Section 8 of this bill provides that the last 4 digits
of a social security number are not personal information for the purposes of
these provisions.

Section 1 of
this bill provides certain immunity to officers, employees and members of a
governmental agency or public body relating to the disclosure of personal
information pursuant to section 2 or 3 of this bill.

Section 4 of
this bill authorizes the use of the last four digits of a social security
number in judgments, and sections 5and 7 of this bill remove the
requirement of the inclusion of a social security number on certificates of
marriage and forms for the reporting of divorces and annulments. (NRS 122.160,
440.135) Section 6 of this bill authorizes the county recorder to allow
the inspection and copying of certain records by family members, guardians and
personal representatives. (NRS 247.090)

THE
PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
239B of NRS is hereby amended by adding thereto a new section to read as
follows:

1. An
officer, employee or member of a governmental agency or public body is not
liable for any civil damages as a result of any act or omission, not amounting
to gross negligence, in carrying out the provisions of NRS 239B.030 or
239B.050.

(a) Governmental
agency means an officer, board, commission, department, division, bureau,
district or any other unit of government of the State or a local government.

(b) Public
body has the meaning ascribed to it in NRS 205.462.

Sec. 2. NRS 239B.030 is hereby amended
to read as follows:

239B.0301. Except as otherwise provided in [subsection]subsections 2[,]and 6, a person shall not
include and a governmental agency shall not require a person to include [the
social security number of]any personal information about a person on any
document that is recorded, filed or otherwise submitted to the governmental
agency on or after January 1, 2007.

2. If [the social security number of]personal information about a
person is required to be included in a document that is recorded, filed or
otherwise submitted to a governmental agency on or after January 1, 2007,
pursuant to a specific state or federal law, for the administration of a public
program or for an application for a federal or state grant, a governmental
agency shall ensure that the [social security number]personal information is
maintained in a confidential manner and may only disclose the [social
security number]personal information as required:

(a) To carry out a specific state or federal law; or

(b) For the administration of a public program or an
application for a federal or state grant.

Κ Any action taken by a
governmental agency pursuant to this subsection must not be construed as
affecting the legality of the document.

3. A governmental agency shall take necessary
measures to ensure that notice of the provisions of this section is provided to
persons with whom it conducts business. Such notice may include, without
limitation, posting notice in a conspicuous place in each of its offices.

4. A governmental agency may require a person who
records, files or otherwise submits any document to the governmental agency to
provide an affirmation that the document does not contain [the social security
number of]personal
information about any person[.]or, if the document contains any such
personal information, identification of the specific law, public program or
grant that requires the inclusion of the personal information. A
governmental agency may refuse to record, file or otherwise accept a document
which does not contain such an affirmation when required [and]or any document
which contains [the social security number of]personal information about a
person[.] that is not required to be included in
the document pursuant to a specific state or federal law, for the
administration of a public program or for an application for a federal or state
grant.

5. On or before January 1, 2017, each governmental
agency shall ensure that any [social security number]personal information contained
in a document that has been recorded, filed or otherwise submitted to the
governmental agency before January 1, 2007, which the governmental agency
continues to hold is [maintained]:

(a) Maintained
in a confidential manner if the personal information is required to be included in
the document pursuant to a specific state or federal law, for the
administration of a public program or for an application for a federal or state
grant; or [is obliterated]

(b) Obliterated
or otherwise removed from the document[.], by any method, including, without
limitation, through the use of computer software, if the personal information
is not required to be included in the document
pursuant to a specific state or federal law, for the administration of a public
program or for an application for a federal or state grant.

document
pursuant to a specific state or federal law, for the administration of a public
program or for an application for a federal or state grant.

ΚAny action taken by
a governmental agency pursuant to this subsection must not be construed as
affecting the legality of the document.

6. A
person may request that a governmental agency obliterate or otherwise remove
from any document submitted by the person to the governmental agency before
January 1, 2007, any personal information about the person contained in the
document that is not required to be included in the document pursuant to a
specific state or federal law, for the administration of a public program or
for an application for a federal or state grant or, if the personal information
is so required to be included in the document, the person may request that the
governmental agency maintain the personal information in a confidential manner.
If any documents that have been recorded, filed or otherwise submitted to a
governmental agency:

(a) Are
maintained in an electronic format that allows the governmental agency to
retrieve components of personal information through the use of computer
software, a request pursuant to this subsection must identify the components of
personal information to be retrieved. The provisions of this paragraph do not
require a governmental agency to purchase computer software to perform the
service requested pursuant to this subsection.

(b) Are
not maintained in an electronic format or not maintained in an electronic
format in the manner described in paragraph (a), a request pursuant to this
subsection must describe the document with sufficient specificity to enable the
governmental agency to identify the document.

Κ The governmental agency shall not
charge any fee to perform the service requested pursuant to this subsection.

7.
As used in this section[,
governmental]:

(a) Governmental
agency means an officer, board, commission, department,
division, bureau, district or any other unit of government of the State or a
local government.

(b) Personal
information has the meaning ascribed to it in NRS 603A.040.

Sec. 3. NRS 239B.050 is hereby amended
to read as follows:

239B.050 1. If a public body maintains a website on
the Internet, the public body shall not disclose on that website personal
information unless the disclosure is required by a federal or state [statute
or regulation.] law or for the administration of a public program or an application for
a federal or state grant.

2. If it appears that a public body has engaged in or
is about to engage in any act or practice which violates subsection 1, the
Attorney General or the appropriate district attorney may file an action in any
court of competent jurisdiction for an injunction to prevent the occurrence or
continuance of that act or practice.

3. An injunction:

(a) May be issued without proof of actual damage
sustained by any person.

(b) Does not preclude the criminal prosecution and
punishment of an act or practice that may otherwise be prohibited by law.

(a) Personal information has the meaning ascribed to
it in NRS 603A.040.

(b) Public body has the meaning ascribed to it in
NRS 205.462.

Sec. 4. NRS
17.150 is hereby amended to read as follows:

17.150 1. Immediately after filing a judgment roll
the clerk shall make the proper entries of the judgment, under appropriate
heads, in the docket kept by him, noting thereon the hour and minutes of the
day of such entries.

2. A transcript of the original docket or an abstract
or copy of any judgment or decree of a district court of the State of Nevada or
the District Court or other court of the United States in and for the District
of Nevada, the enforcement of which has not been stayed on appeal, certified by
the clerk of the court where the judgment or decree was rendered, may be
recorded in the office of the county recorder in any county, and when so
recorded it becomes a lien upon all the real property of the judgment debtor
not exempt from execution in that county, owned by him at the time, or which he
may afterward acquire, until the lien expires. The lien continues for 6 years
after the date the judgment or decree was docketed, and is continued each time
the judgment or decree is renewed, unless:

(a) The enforcement of the judgment or decree is
stayed on appeal by the execution of a sufficient undertaking as provided in
the Nevada Rules of Appellate Procedure or by the Statutes of the United
States, in which case the lien of the judgment or decree and any lien by virtue
of an attachment that has been issued and levied in the actions ceases;

(b) The judgment is for arrearages in the payment of
child support, in which case the lien continues until the judgment is satisfied;

(c) The judgment is satisfied; or

(d) The lien is otherwise discharged.

Κ The time
during which the execution of the judgment is suspended by appeal, action of
the court or defendant must not be counted in computing the time of expiration.

3. The abstract described in subsection 2 must
contain the:

(a) Title of the court and the title and number of the
action;

(b) Date of entry of the judgment or decree;

(c) Names of the judgment debtor and judgment
creditor;

(d) Amount of the judgment or decree; and

(e) Location where the judgment or decree is entered
in the minutes or judgment docket.

4. A judgment creditor who records a judgment or
decree shall record at that time an affidavit stating:

(a) The name and address of the judgment debtor;

(b) The judgment debtors drivers license number and
state of issuance or the last four
digits of the judgment debtors social security number; and

(c) The judgment debtors date of birth,

Κ if known to
the judgment creditor. If any of the information is not known, the affidavit
must include a statement of that fact.

Sec. 5. NRS 122.160 is hereby amended
to read as follows:

122.160 1. Marriages between Indians performed in
accordance with tribal customs within closed Indian reservations and Indian
colonies have the same validity as marriages performed in any other manner
provided for by the laws of this State, if there is recorded in the county in
which the marriage takes place, within 30 days after the
performance of the tribal marriage, a certificate declaring the marriage to
have been performed.

takes place, within 30 days after the performance of the
tribal marriage, a certificate declaring the marriage to have been performed.

2. The certificate of declaration required to be
recorded by subsection 1 must include the names of the persons married, their
ages, [social security numbers,]tribe, and place and date
of marriage. The certificate must be signed by an official of the tribe,
reservation or colony.

3. The certificate must be recorded with the recorder
of the county in which the marriage was performed and recorded by him without
charge.

Sec. 6. NRS 247.090 is hereby amended
to read as follows:

247.090 [All]

1. Except
as otherwise provided in subsection 2 and NRS 239B.030, all documents
on file in the office of the county recorder, must, during office hours, be
open for inspection by any person without charge. The county recorder must
arrange the books of record and indexes in his office in such suitable places
as to facilitate their inspection.

2. A
county recorder may allow inspection and copying of records containing personal
information about a deceased or incapacitated person by a spouse, widow or
widower, parent, sibling, child, guardian or personal representative of the
person. As used in this subsection, personal information has the meaning
ascribed to in NRS 603A.040.

Sec. 7. NRS 440.135 is hereby amended
to read as follows:

440.135 1. The Board shall prescribe, and the State
Registrar shall furnish in sufficient numbers to each county clerk for
distribution, a form for the reporting of divorces and annulments of marriage.

2. The information required by such form must be
limited to:

(a) The names [and social security
numbers] of the parties;

(b) The court and county in which the decree is
granted; and

(c) The date of the decree.

Sec. 8. NRS 603A.040 is hereby amended
to read as follows:

603A.040 Personal information means a natural
persons first name or first initial and last name in combination with any one
or more of the following data elements, when the name and data elements are not
encrypted:

1. Social security number.

2. Drivers license number or identification card
number.

3. Account number, credit card number or debit card
number, in combination with any required security code, access code or password
that would permit access to the persons financial account.

Κ The term
does not include the last four
digits of a social security number or publicly available
information that is lawfully made available to the general public.

Sec. 9. 1. This section, section 1 and
sections 3 to 8, inclusive, of this act become effective upon passage and
approval.